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Wayne Land and Mineral Group, LLC v. Delaware River Basin Comm'n

ELR Citation: 47 ELR 20048
Nos. 3:16·CV-00897, (M.D. Penn., 03/23/2017) (Mariani, J.)

A district court upheld the Delaware River Basin Commission's fracking ban against a challenge from a energy company. Upon the Commission's creation, it was codified that no project that had a substantial effect on the water resources of the basin would be undertaken without the Commission's approval. In 2010, the Commission instituted a de facto moratorium on fracking and natural gas development in the region until it issues final natural gas regulations. An energy company challenged the moratorium as an unlawful assertion of jurisdiction. The court disagreed, finding that the regional compact gave the Commission jurisdiction over "water resources" and the drilling operations would utilize water resources. The court granted the Commission's motion to dismiss.