Opinion

COM., D. OF EN. RES. v. City of Lebanon

482 Pa. 66
393 A.2d 381
9 Envtl. L. Rep. (Envtl. Law Inst.) 20053
1978 Pa. LEXIS 968

Court: Supreme Court of Pennsylvania
Filed: Oct 5, 1978
Status: Published
Author: Manderino
On the bench: Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Packel
Cited by: 2 cases

The opinion

MANDERINO, Justice,

dissenting.

I dissent. The Department of Environmental Resources (DER) has never decided that drinking water is unsafe when it has been fluoridated nor has it ever decided that drinking water is unsafe when it has not been fluoridated. If it had ever decided the issue — either way — all drinking water in the state would have to be treated or not according to the DER’s decision. How then can it be said that the DER did not abuse its discretion? I would affirm the Commonwealth Court.

NIX, J., joins in this dissenting opinion.

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