3rd Circuit Buys Anti Argument, Blocks PA from Suing DRBC

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In a brilliant move aimed at boxing in the Delaware River Basin Commission (DRBC), two northeastern Pennsylvania State Senators–Gene Yaw and Lisa Baker–along with members of the PA Senate Republican Caucus (27 Senators in all), filed a lawsuit in January 2021 against the DRBC accusing the quasi-governmental agency of “taking” the property rights of PA residents without just compensation under the law over the DRBC’s ban on fracking (see PA Senators Sue DRBC for “Taking” Property re Frack Ban). In June 2021, a federal district court judge in Philadelphia dismissed the case claiming the Senators, who represent people shafted by the DRBC, don’t have “standing” to bring the lawsuit (see Fed Court Dismisses PA Senate Lawsuit Against DRBC Frack Ban). Senators Yaw and Baker appealed the dismissal to a higher court–to the U.S. Court of Appeals for the Third Circuit. Unfortunately, last Friday, the 3rd Circuit ruled against the brave and righteous Senators citing the same reason.

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