A much-watched battle over the future of the moratorium on fracking that could threaten the Delaware River will happen in the courts.
In February, the Delaware River Basin Commission (DRBC), which is overseen by the governors of Delaware, New Jersey, New York, Pennsylvania, and a representative from the federal government, approved a final rule prohibiting high-volume hydraulic fracturing. The basin provides fresh drinking water for more than 13 million people, including many of those in Bucks County.
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Prior to the final rule being approved, State Sen. Gene Yaw, a Republican from Lycoming County, and State Sen. Lisa Baker, a Republican from Luzerne County, and the Pennsylvania Senate Republican Caucus filed a lawsuit in federal lawsuit seeking to stop the ban by claiming that DBRC does not have authority to regulate fracking.
State Sen. Steve Santarsiero, a Democrat from Lower Makefield, and other state Democratic senators were granted permission from a judge recently to file a motion to intervene in the Yaw v. Delaware River Basin Commission lawsuit.
“The motion will seek to dismiss the case on the grounds that the plaintiffs lack standing and their claims are not supported by the law, ” Santarsiero said in a press statement. “I believe that our position is strong. As I mentioned a few weeks ago when we first moved to intervene, the plaintiffs are trying to turn the state constitution’s environmental rights amendment on its head, arguing it requires that we monetize our natural resources. That’s not at all what the environmental rights amendment stands for, and not what the people of Pennsylvania agreed to when they ratified it at the ballot box.”
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While fracking has been banned in New York and New Jersey, Pennsylvania has seen a large industry related to it open in the Marcellus Shale region of the state. There have been more than 12,000 fracking wells created in Pennsylvania. Government data shows no fracking sites in Bucks County and Delaware has no activity.
Credit: Office of Sen. Santarsiero
Fracking has become a popular method for companies taking natural gas from the Earth. The process creates a significant amount of waste, has been suspected of causing earthquakes, and can discharge toxins into waterways.
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Fracking involves drilling thousands of feet into the ground and violently forcing water with sand and chemicals into the shale to release trapped gases that are then captured.
State oversight agencies and the Pennsylvania Attorney General’s Office have found violations and filed charges against fracking companies that have violated laws.
In 2010, the DRBC put a temporary ban on fracking into place in the Delaware River basin. Over the years, activists have pressured the commissioners to permanently ban fracking.
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“The DRBC ban is not just an assault on a highly regulated industry that employs thousands of Pennsylvanians, but it’s another example of neighboring state’s dictating our energy policy,” Senator Gene Yaw said after the moratorium was passed in late February. “The Commission is using New York’s failed policies to institute a ban on development. Pennsylvania has robust rules and regulations in place to protect our environmental resources, which have allowed for the safe development of natural gas in our state. This action serves to undermine economic development and job growth in the region and statewide.”
Yaw added banning fracking in the basin will hurt the nation’s energy security.
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“My colleagues and I are participating in this lawsuit to preserve the authority of the Delaware River Basin Commission to protect the drinking water of more than 13 million individuals,” Santarsiero said.
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