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.