Commonwealth Court Environmental Health Services Decision Statement
Released: July 24, 2025
Commonwealth Court Environmental Health Services Decision Statement
In April 2022, the Delaware County Health Department (DCHD) officially launched and undertook the crucial responsibility of preventing injury, illness, disease, and premature death through the promotion of healthy behaviors, protection of the environment, and prevention of the spread of disease and illness across Delaware County. DCHD remains deeply committed to this mission today with great pride.
Beginning in late 2021, a subset of Delaware County municipalities with pre-existing health boards and/or health departments pursued legal action with respect to the emerging county-wide department. Thirteen municipalities petitioned to continue to perform their environmental public health services.
In May 2025, the Commonwealth Court issued a decision in favor of seven of the thirteen litigating municipalities. A final decision for the remaining six ligating municipalities has not yet been issued.
Delaware County has decided not to appeal the Commonwealth Court’s decision. DCHD has begun individual outreach to all 13 of the litigating municipalities to connect and collaborate on environmental health service plans, including coordination during a foodborne outbreak. DCHD looks forward to working together with these municipalities in search of solutions to best serve the health and well-being of Delaware County residents.
The thirteen municipalities are as follows:
Aston Township
Clifton Heights Borough
Darby Township
Eddystone Borough
Lower Chichester Township
Marple Township
Middletown Township
Ridley Park Borough
Ridley Township
Springfield Township
Thornbury Township
Tinicum Township
Upper Chichester Township
Background:
While these legal proceedings were ongoing, DCHD did not provide any Environmental Health public health services to these municipalities. DCHD’s Environmental Health services include licensing and inspection of food-serving establishments, public bathing places, early childhood learning centers, long-term care facilities, hospitals, campgrounds, and mobile home parks, as well as private sewage, private well water, and mosquito-borne disease control programs. Since its inception as a department in 2022, DCHD has continued to operate as a full-service health department, providing all other public health programs and services throughout Delaware County (including the thirteen municipalities above), including but not limited to:
- Public health education and outreach, including hosting or supporting health fairs and education events
- Epidemiological surveillance and analysis, including interviewing cases and contacts during outbreaks of diseases like measles, norovirus, COVID-19, or hepatitis A and other collection of data to determine outbreak source and spread
- Issuing health alerts, guidance, and informational materials to the public, including public health campaign advertisements, and releasing recommendations for emerging or seasonal public health issues
- Public health emergency preparedness and public health emergency response
- Health promotion initiatives including programming related to opioids and harm reduction, maternal, paternal, and child health, and acute and chronic disease prevention
- Immunization, sexually transmitted infection, and tuberculosis clinical services
- School nurse outreach and support
For more information, contact the Delaware County Health Department Wellness (Enformacion en Español llama a…) at (484) 276-2100 or by email at DelcoWellness@co.delaware.pa.us. Text “healthydelco” to 888-777 for Health Department alerts.
