PA Supreme Court Holds That Municipal Stormwater Charge Is a Tax, Not a Fee US Policy and Regulatory Alert 7 May 2026 On 30 April 2026, the Pennsylvania Supreme Court issued its long-awaited decision in Borough of West Chester v. Pa. State System of Higher Education & West Chester University. A majority of the Court held that the Borough of West Chester’s charge for stormwater management services constitutes a tax, not a fee, from which the Pennsylvania State System of Higher Education and West Chester University are immune.   The decision has important implications that extend well beyond the parties to the dispute at issue, as many municipalities and municipal authorities across the Commonwealth have adopted stormwater charge programs that are relevantly similar.  READ FULL ALERT