Liverpool Township v. Stephens

DISSENTING OPINION BY

Judge PELLEGRINI.

I respectfully dissent. Not following the well-settled law of this Commonwealth, the majority finds that Liverpool Township (Township), a township of the second class, has no authority to regulate where sewage sludge is placed on property because it impermissibly interferes with “geological standards” set by administrative regulations of the Pennsylvania Department of Environmental Protection (DEP). I suggest that regulation has nothing to do with “geological standards” because it has nothing to do with “geology,” but has everything to do with “smell” —…