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County Commissioners Join River Lawsuit Fight


Credit: Tom Sofield/LevittownNow.com

Bucks and Montgomery counties are joining an effort to support the Delaware River Basin Commission (DBRC) decision to ban fracking in the vital Delaware River basin.

During a virtual press conference hosted by Democratic State Sen. Steve Santarsiero Thursday, Bucks County commissioners Diane Ellis-Marseglia and Bob Harvie were supporting an effort by Democratic state senators to to fight a lawsuit by Republican state senators to overturn the ban.

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Bucks County Commissioner Gene DiGirolamo, a Republican, was not part of the Thursday press conference.

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 court seeking to stop the ban by claiming that DBRC does not have authority to regulate fracking.

Yaw has made statements that the ban will hurt the county’s energy security.

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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 in February. The basin provides fresh drinking water for more than 13 million people, including many of those in Bucks County.

“I am pleased to share that Bucks and Montgomery Counties have joined the effort, started by my  Democratic colleagues and me, to protect that right, and ensure that the Delaware River Basin Commission can continue to act within its authority to keep our waters safe from fracking,” Santarsiero said Thursday.

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“We are not just here for ourselves; we are here to prepare the world for future generations,โ€ said Ellis-Marseglia.  โ€œNatural resources, including the river, need not be destroyed for our grandchildren and their grandchildren by selfish covetous acts in 2021.”

โ€œThe Delaware River has been the lifeblood of Bucks County since the arrival of William Penn. Itโ€™s impossible to overstate its importance to the history, economy and culture of our county. We need to do all we can to protect it,โ€ said Harvie.

Santarsiero said the state senate Democrats have filed a motion to dismiss the lawsuit.

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โ€œThe DRBC has continued its steadfast commitment to protecting the Delaware River Basin, as it was charged to do, and by doing so, has helped ensure our right as Pennsylvanians to clean water,โ€ said Santarsiero. โ€œOur position is strong, and I believe that constitutional right for all Pennsylvanians will be found to supersede the Republicansโ€™ arguments for monetizing our natural resources.โ€

โ€œThe Plaintiff Counties who joined this misguided lawsuit do not speak for all counties within the Delaware River Basin โ€“ and they certainly donโ€™t speak for the people of Bucks and Montgomery County,โ€ said Bucks County Solicitorย Joeย Khan.ย  โ€œWe have a fundamentally different view of the constitutional right to clean water, and of our obligation to protect our natural resources.ย  We are proud to stand with our allies in asserting our interest in preserving the prohibition against fracking.โ€

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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 Generalโ€™s Office have found violations and filed charges against fracking companies that have violated laws.

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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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