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Pennsylvania Senators Face Wary Third Circuit in Fracking Row

March 31, 2022, 6:22 PM

A panel of Third Circuit judges seemed unconvinced during oral arguments Thursday that individual Pennsylvania state senators can challenge the Delaware River Basin Commission’s decision to pause fracking in the basin.

Republican State Sens. Gene Yaw and Lisa Baker, the Pennsylvania Senate Republican Caucus, and others argue the commission’s decision exceeded their authority under a compact between Pennsylvania, Delaware, New Jersey, New York, and the federal government. The moratorium on fracking was intended to protect and conserve water resources in the river basin, according to the commission.

Eastern District of Pennsylvania Judge Paul S. Diamond blocked the lawmakers’ case from ...