Dresser Industries, Inc. v. Commonwealth

LORD, Senior Judge.

This case involves the unusual situation where the defendant, a Commonwealth agency, the Department of Environmental Resources (DER), which is given the statutory responsibility for all aspects of protection of the Commonwealth’s environmental and natural resources, is sued in this Court as a landowner for violating the very act it is charged with enforcing and wherein it is specifically alleged that DER permitted acid drainage from the land which DER owns to be discharged into the waters of the Commonwealth. DER has filed preliminary objections to this suit and contends:

1.…