3rd Circ. Questions Pa. Pols' Standing In Fracking Suit

Law360 (May 19, 2020, 6:42 PM EDT) -- The Third Circuit on Tuesday sent back to a lower court the second bid by three Pennsylvania state senators to intervene in a battle over natural gas "fracking" regulation in the Delaware River Basin.

In a precedential decision, Judge D. Michael Fisher wrote for the panel that a lower court judge rejected the senators' intervention without first determining whether they needed to establish Article III constitutional standing for entry.

The decision added a new twist to a long, winding and bitter dispute over a Delaware River Basin Commission regulatory action that put the 13,500-square mile watershed off limits to hydraulic fracturing,...

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