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

> Supreme Court of Pennsylvania · October 5, 1978 · 482 Pa. 66

URL: https://www.frixlaw.com/law-library/cases/9650199

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, DEPT. OF ENVIRONMENTAL RESOURCES and Carroll E. Ditzler Et Al., Appellants, v. CITY OF LEBANON (Two Cases)
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 5, 1978
- **Citations:** 482 Pa. 66; 393 A.2d 381; 9 Envtl. L. Rep. (Envtl. Law Inst.) 20053; 1978 Pa. LEXIS 968
- **Precedential status:** Published
- **Opinion:** Dissent by Manderino
- **Judges:** Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Packel
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9650199

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9650199. Public record. Not legal advice.