The Pennsylvania Supreme Court ruled on Jan. 23 in favor of the Chester Water Authority (CWA), delivering a major victory for ratepayers and public-water advocates by blocking the City of Chester’s receiver from unilaterally forcing a transfer of CWA assets.

In a decision that reversed the Commonwealth Court, the Supreme Court justices held that the City of Chester does not have the sole power under Section 5622(a) of the Municipal Authorities Act to sell CWA. Instead, the court ruled that any such action would require joint agreement by all three governing municipalities—Chester City, Chester County, and Delaware County—effectively ending the prospect of a one-sided takeover.

For the roughly 200,000 people who rely on CWA for drinking water, the ruling confirms what advocates have long argued: the authority is a public asset that belongs to its ratepayers, not a financial tool to be seized or monetized.

Noël Brandon, the CWA Board Chair, said, “The decision draws a clear line between public ownership and privatization. The court sided with everyday residents who drink CWA water and affirmed that the authority belongs to its customers—not to a receiver, politicians, or private interests. This ruling should set an important precedent for similar cases across Pennsylvania.”

Supreme Court clarifies the law

In its opinion, the Pennsylvania Supreme Court said that some wording used in earlier cases was not part of the actual law and does not control this decision. The court explained that the law only allows municipalities to take over projects they already have the power to run themselves. Because of that, the takeover power is limited and cannot be used freely. Applied to CWA, that interpretation means the City of Chester cannot act alone. The Commonwealth Court’s order allowing a unilateral acquisition was therefore reversed.

Chief Justice Debra Todd and Justices David Wecht and Daniel D. McCaffery joined the majority opinion written by Justice Christine Donohue. Justice Kevin Dougherty concurred in the result, while Justice Sallie Updyke Mundy filed a concurring and dissenting opinion. Justice Kevin Brobson did not participate.

Years of Advocacy Culminate in Relief

For longtime advocates like Margo Woodacre, CWA ratepayer and co-founder of Keep Water Affordable, the ruling was the culmination of years of organizing. She said, “I have been involved in the effort to save CWA for nearly six years. I am jumping for joy. After years of meetings, calls, and court battles, the ruling validated the persistence of the ratepayers and grassroots advocates. It affirms our belief that public water is worth fighting for and our water belongs to us.”

Brandon credited key allies for helping secure the win. He explained, “We are sincerely thankful that Representative John Lawrence and former House Speaker Representative Bryan Cutler filed an amicus brief that was cited in the court’s decision. We also deeply appreciate the Chester County Commissioners, Josh Maxwell, Marian Moskowitz and Eric Roe, who stood shoulder to shoulder with CWA throughout the case and argued in its support before the Supreme Court. Chester County’s role was critical in countering efforts to force a sale or transfer of the authority solely to the City.” 

Brandon also thanked CWA service area municipalities that passed resolutions in support of CWA.

At the same time, the Supreme Court’s ruling implicitly rejected arguments raised by Delaware County Council, which the court noted were outside the scope of the appeal it agreed to hear and therefore were not considered. 

Unanswered questions ahead

Despite the victory, uncertainty remains. The state-appointed receiver overseeing Chester’s finances has previously acknowledged that selling or monetizing CWA was his only strategy for addressing the city’s long-standing fiscal problems. With that option now taken solely out of his hands, advocates are asking what comes next—and urging restraint and transparency in any future legal or financial moves.

Chester’s broader financial distress also looms large. Gov. Josh Shapiro inherited decades of economic decline and underinvestment in the city. State leaders now must pursue durable solutions—potentially including action in the 2026 state budget—rather than targeting public assets.

Vigilance still required

CWA supporters must remain cautious that the fight to protect their public water is not over. The CWA board members who have fought hard to save CWA have terms that expire in 2027. This means that upcoming appointments by Chester City Council, Delaware County Council, and the Chester County Commissioners will shape the authority’s future. CWA’s ratepayers must make it known to these appointing bodies that they want board members who will fight to keep their water public and independent.

For now, public-water supporters are celebrating a decisive legal win—one that reinforces the idea that essential services like drinking water should remain public and independent.

As Brandon noted, “The Supreme Court’s message was unmistakable: public water belongs to the public.”

Learn more about the fight to SAVE CWA and public water at https://savecwa.org.