Delaware Riverkeeper Network press release

West Trenton, NJ: U.S. District Court Judge Robert D. Mariani dismissed the legal challenge filed by the Wayne Land and Mineral Group (WLMG) against the Delaware River Basin Commission’s (DRBC) seeking to defeat the watershed wide moratorium that has been in place since 2010 prohibiting shale gas drilling and fracking operations until DRBC regulations are passed.

The case was filed on May 17, 2016, in the U.S. District Court for the Middle District of Pennsylvania and challenged the legal authority of the DRBC to regulate shale gas well pads within the boundaries of the Delaware River Watershed. The Delaware Riverkeeper Network was a party to the case, having successfully intervened.

July 8, 2016 the DRBC had filed a motion to dismiss the case. During testimony the DRBC Executive Director took the position that there was no defacto moratorium in the watershed, raising tremendous community concerns about the regulatory agency’s willingness to stand by its own decision. The WLMG had argued that the DRBC did not have legal authority over natural gas well pads, wells, related facilities and associated activities, including the fracking well they were hoping to drill within the boundaries of the watershed.

March 23, 2017 Judge Mariani dismissed the case. In so doing he rendered key decisions:

⦁    a "natural gas well pad, a gas well and related facilities and associated activities," constitute a “project" subject to DRBC jurisdiction.

⦁    As such, the DRBC compact requires that those who propose such activities, including WLMG, are required “to submit an application to the Cornmission for a determination as to whether its proposed "project" has a "substantial effect on the water resources of the Basin" and, if so, whether the Commission shall approve or disapprove such project based on its determination that the project would or would not substantially impair or conflict with the Commission's comprehensive plan.”

“This is a very important ruling and tremendous success. It is now clear to all that the DRBC does in fact have jurisidiction over fracking and drilling operations that are shown to have a substantial effect on the water resoruces of the Basin, in other words, all of them,” said Maya van Rossum, the Delaware Riverkeeper and leader of the regional nonprofit organization, the Delaware Riverkeeper Network. “But now it is time for the DRBC to lift all future threats of drilling and fracking operations by putting in place a permanent ban. It is what our watershed communities need and deserve. The Delaware River is the drinking water supply for 17 million people and a recreational and economic driver for the region. Drilling and fracking operations would inflict irreparable harm.”

“The judges decision reflects a wholesale rejection to the WLMG’s argument. It is clear the DRBC has a vital role to play in protecting the region,” said Jordan Yeager, lead counsel for the Delaware Riverkeeper Network on this case.

van Rossum added about the Judicial outcome, “I am proud that the Delaware Riverkeeper Network, and our legal counsel Jordan Yeager, contributed to this outcome. As was made clear by the Judge’s ruling, he was not buying the yarn that either WLMG or the DRBC were spinning. I am glad that the Delaware Riverkeeper Network was able to inject some logic and reason into the discussion during the hearing that we believe helped supported this important outcome.”