Judge Upholds Fracking Ban In Delaware River Watershed

BUCKS COUNTY, PA — A federal judge issued an order Friday dismissing a lawsuit brought by Pennsylvania Senate Republicans seeking to strike down a ban on fracking in the Delaware River Basin.

U.S. District Judge Paul S. Diamond issued the ruling, saying the Senate Republicans and municipalities that brought the suit failed to demonstrate standing for their legal efforts.

“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 wrote.

Plaintiffs in the case claimed the ban on fracking – a process by which a mixture of water, sand or gravel and chemicals is forced into rock to remove oil and natural gas – levied an unfair economic penalty on the state and its residents, and that its imposition was outside of the Delaware River Basin Commission’s authority.

Together with a delegation of state senators led by Sen. Steve Santarsiero, both Bucks and Montgomery counties joined the lawsuit in April in support of the Delaware River Basin Commission.

“This is an important victory in our effort to protect the drinking water of five million Pennsylvanians,” said Sen. Santarsiero. “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.”

Read the judge’s full opinion here.

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