Opinion

Neshaminy Water Resources Authority v. Commonwealth, Department of Environmental Resources

  • 511 Pa. 334
  • 513 A.2d 979
  • 1986 Pa. LEXIS 827
Court
Supreme Court of Pennsylvania
Filed
Jul 29, 1986
Status
Published
Author
Larsen
On the bench
Nix, C.J., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos
Cited by
12 cases

explaining Arsenal Coal Co. v. Department of Environmental Resources, 505 Pa. 198, 477 A.2d 1333 (1984)

How later courts described this case

  • explaining Arsenal Coal Co. v. Department of Environmental Resources, 505 Pa. 198, 477 A.2d 1333 (1984)
  • action attacking DER regulations governing the method for determining acceptable phosphorous levels in water under the plaintiffs’ jurisdiction was properly dismissed for failing to present a ripe case or controversy where plaintiff failed to show immediate and adverse impact on the waters

Written by the judges who cited it.

The opinion

LARSEN, Justice,

dissenting.

I dissent; I do not agree that “this action is premature and not ripe for decision.” I would reverse the granting of the preliminary objections dismissing this action and return the matter to Commonwealth Court for proceedings on the merits.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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