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

OPINION OF THE COURT

HUTCHINSON, Justice.

The Neshaminy Water Resources Authority (“NWRA”) directly appeals an order of Commonwealth Court en banc granting the Department of Environmental Resources’s (“DER’s”) preliminary objections, which raise a question of *336justiciability,1 and dismissing this action. NWRA attacks regulations recently issued by the Environmental Quality Board governing the method of determining acceptable phosphorus levels in water, including those waters under NWRA’s jurisdiction. NWRA contends these regulations inadequately protect the waters under its jurisdiction against…