Penn Terra Limited v. Department Of Environmental Resources

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[s]ubsection 362(b)(5) . . . creates a further ‘exception to the exception’”
• proceeding to enjoin operation of debtor’s mining property from violating state environmental laws and to require debtor to seal mine in accord with pre-bankruptcy consent order within exception
• equitable action by state to require correction of environmental violations not subject to automatic stay
• “it is unlikely that any action which seeks to prevent culpable conduct in futuro will, in normal course, manifest itself as an action for a money judgment, or one to enforce a money judgment.”
• “Where Congress uses terms that have accumulated settled meaning under either equity or common law, a court must infer, unless the statute otherwise dictates, that Congress means to incorporate the established meaning of these terms.”

Source: CourtListener parenthetical corpus (CC0).