Earlier in 2017, we reported the Third Circuit Court of Appeals’ decision to reinstate a landowner’s challenge to the Delaware River Basin Commission’s (DRBC) moratorium on hydraulic fracturing in the 24 county region, spanning across parts of Pennsylvania, New York, Delaware, and New Jersey. In that decision (Wayne Land & Mineral Group LLC v. Del. River Basin Comm’n), the court held that the definition of the word “project,” as set forth in the DRBC’s governing document, the “Compact,” was ambiguous, …
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