Lisa Bruderly and Mackenzie Moyer Co-Author Environmental Alert
On April 30, 2026, the Pennsylvania Supreme Court released a long-awaited opinion about the ability of a municipality to assess charges to manage stormwater runoff. Borough of West Chester v. Pennsylvania State System of Higher Education, No. 9 MAP 2023. In the opinion, the Pennsylvania Supreme Court affirmed the unanimous 2023 Commonwealth Court opinion holding that stormwater management charges are taxes, not fees, and, thus, tax-exempt entities are immune from paying such charges. The Commonwealth Court based its decision on findings that the Borough did not enter into a voluntary, contractual relationship with the University, and the University did not receive discrete benefits through payment of the stormwater charge. To read the full alert by Lisa Bruderly and Mackenzie Moyer, click here.
