State Sen. Steve Santarsiero (D-10th dist.) announced that a federal judge sided with Senate Democrats to maintain a ban on fracking and natural gas drilling in the Delaware River basin.
U.S. District Judge Paul Diamond threw out a lawsuit by Republican state legislators, ruling they lacked standing. Diamond wrote that the dispute can be settled in the legislature.
The moratorium generally applies to an area in the northeastern part of the state.
Bucks and Montgomery counties and other parties filed a motion to dismiss the suit.
“This is an important victory in our effort to protect the drinking water of 5 million Pennsylvanians,” Santarsiero said. “Today’s order granting our motion to dismiss the Senate Republicans’ claim was granted with prejudice, which means they are not able to re-file their lawsuit. The (Delaware River Basin Commission) 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.”
The claims by the local government plaintiffs – Damascus and Dyberry townships, and Carbon and Wayne counties — were also dismissed. Those claims were dismissed without prejudice, and the plaintiffs were given until July 1 to provide an amended complaint.
“I am confident that this is behind us,” Santarsiero said. “If the local governments choose to file amended complaints, we will continue to engage in the lawsuit. The Pennsylvania Constitution’s Environmental Rights Amendment guarantees the right to clean, safe drinking water, and my Democratic colleagues and I will continue to do what is necessary to make that a reality across the commonwealth.”
