Analysis

3rd Circ. Fight Portends Larger Battle Over Fracking Ban

Law360, Philadelphia (November 6, 2017, 5:45 PM EST) -- With the Delaware River Basin Commission set to unveil draft regulations that would ban natural gas drilling in the river's watershed, oral arguments before the Third Circuit on Tuesday on a challenge to an existing moratorium on the practice could serve as a preview of future battles.

A group of northeastern Pennsylvania landowners are looking to overturn a district court ruling that upheld the DRBC's jurisdiction over gas wells within the basin. The commission — which includes representatives from Pennsylvania, New Jersey, New York and Delaware — adopted a moratorium on natural gas drilling in May 2010 and announced plans for...

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