On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that commitment under the broad authority of its police powers. This comment will examine the development of the Barnes & Tucker Co. controversy, and the rationale employed by the court to resolve it.
Michael E. Winck,
Commonwealth v. Barnes & Tucker Co.--The Burden of Treating Acid Mine Drainage,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol80/iss4/10