State Supreme Court Ruling Sends Shockwave Through Chester Water Authority Sale Efforts
A contentious court battle over the financial future of the city of Chester's water authority came to a halt on Wednesday, with the Pennsylvania Supreme Court delivering a decisive 5-1 ruling that blocks the sale of the cash-strapped entity to a for-profit company.
In the closely watched case, the justices ruled that the transfer of the authority's assets to the city government must be approved by all three governing municipalities β a major setback for efforts to privatize the water utility. The decision affirms that the authority belongs to its customers, not politicians or private interests, according to CWA Board Chairperson NoΓ«l Brandon.
The ruling is significant not only for Chester but also for similar cases across Pennsylvania. Justice Christine Donohue's majority opinion notes that the lower Commonwealth Court erred in allowing the city to seize the authority's assets without proper approval. The court's decision underscores the importance of public ownership and sets a precedent for protecting the interests of consumers.
The controversy surrounding Act 12, passed by then-Gov. Tom Wolf in 2016, has drawn widespread criticism from consumer advocates. Critics argue that the law has led to soaring water and sewer bills for hundreds of thousands of customers across the state. The case highlights ongoing debates over the role of privatization in municipal services.
Chester's financial woes have been well-documented, with the city filing for Chapter 9 bankruptcy in 2022. Court-appointed Receiver Vijay Kapoor had sought to amend the city's recovery plan to address issues related to the authority's ownership and rate hikes. The Supreme Court's ruling may send shockwaves through efforts to sell the water authority, given that several CWA board members with terms set to expire next year have expressed opposition to privatization.
The Chester Water Authority has a complex history, dating back to 1939 when it was established by the city to provide water from the Delaware River. Over time, the authority expanded its services to supply around 200,000 people in suburban Philadelphia counties. The board is currently composed of members appointed by the three governing municipalities.
The decision will likely have far-reaching implications for municipal services across Pennsylvania and underscores the need for continued debate over the balance between public ownership and privatization.
A contentious court battle over the financial future of the city of Chester's water authority came to a halt on Wednesday, with the Pennsylvania Supreme Court delivering a decisive 5-1 ruling that blocks the sale of the cash-strapped entity to a for-profit company.
In the closely watched case, the justices ruled that the transfer of the authority's assets to the city government must be approved by all three governing municipalities β a major setback for efforts to privatize the water utility. The decision affirms that the authority belongs to its customers, not politicians or private interests, according to CWA Board Chairperson NoΓ«l Brandon.
The ruling is significant not only for Chester but also for similar cases across Pennsylvania. Justice Christine Donohue's majority opinion notes that the lower Commonwealth Court erred in allowing the city to seize the authority's assets without proper approval. The court's decision underscores the importance of public ownership and sets a precedent for protecting the interests of consumers.
The controversy surrounding Act 12, passed by then-Gov. Tom Wolf in 2016, has drawn widespread criticism from consumer advocates. Critics argue that the law has led to soaring water and sewer bills for hundreds of thousands of customers across the state. The case highlights ongoing debates over the role of privatization in municipal services.
Chester's financial woes have been well-documented, with the city filing for Chapter 9 bankruptcy in 2022. Court-appointed Receiver Vijay Kapoor had sought to amend the city's recovery plan to address issues related to the authority's ownership and rate hikes. The Supreme Court's ruling may send shockwaves through efforts to sell the water authority, given that several CWA board members with terms set to expire next year have expressed opposition to privatization.
The Chester Water Authority has a complex history, dating back to 1939 when it was established by the city to provide water from the Delaware River. Over time, the authority expanded its services to supply around 200,000 people in suburban Philadelphia counties. The board is currently composed of members appointed by the three governing municipalities.
The decision will likely have far-reaching implications for municipal services across Pennsylvania and underscores the need for continued debate over the balance between public ownership and privatization.