A federal lawsuit brought by the Pennsylvania Senate Republican caucus and several local governments was dismissed late last week.
The lawsuit claimed the Delaware River Basin Commission (DBRC) did not have the authority to implement moratorium on fracking in the river basin.
Advertisements
U.S. District Judge Paul Diamond dismissed the lawsuit Friday, writing the state senators had no standing to challenge the ban.
“Plaintiffs’ inability to make out standing confirms that this dispute – which is primarily between two political parties – is primarily partisan and is best resolved through the political process,” Diamond said in his decision.
The four local government plaintiffs – Damascus Township, Dyberry Township, Wayne County, and Carbon County – have until July 1 to refile the lawsuit on their behalf.
Advertisements
State Sen. Gene Yaw, a Republican from Lycoming County, said the ban will hurt energy independence.
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, but a temporary ban had been in place since 2010. The basin provides fresh drinking water for more than 13 million people, including many of those in Bucks County.
Advertisements
In April, Bucks and Montgomery counties joined in support of the ban.
“As a trustee of Pennsylvania’s natural resources, Bucks County stepped forward to protect our constitutional right to clean water,” Bucks County Solicitor Joe Khan said in statement. “We are glad that Judge Diamond agreed this ‘partisan political’ lawsuit had no business in a courtroom and dismissed the case as a matter of law.”
A group of state senate Democrats also opposed the lawsuit in court.
Advertisements
“This is an important victory in our effort to protect the drinking water of five million Pennsylvanians,” said State Sen. Steve Santarsiero, a Democrat from Lower Makefield Township. “Today’s order granting our motion to dismiss the Senate Republican’s claim was granted with prejudice, which means they are not able to re-file their lawsuit. The DRBC has been a steward of our water supply, and with today’s order they will be able to continue to ensure the Delaware River is free from the hazardous environmental effects of fracking.”
Bristol Borough-based nonprofit Delaware Riverkeeper Network said they were “pleased, but not surprised” the lawsuit was dismissed.
Advertisements
“We have proven fracking is not safe for our watershed and communities, and at the same time demonstrated it is not safe for any watershed or community. Senators Yaw and Baker need to stand up for the people, not the industry,” said Maya van Rossum, the Delaware Riverkeeper and head of the Delaware Riverkeeper Network.
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.
Advertisements
Report a correction via email | Editorial standards and policies
