Can the DRBC freely roam the Delaware River basin regulating and forbidding anything it wants that involves the use of water? That is the question at court.

Yesterday, oral arguments resumed at the Third Circuit Court of Appeals in the matter of the Wayne Land and Minerals Group’s lawsuit against the DRBC’s theft of property rights from upper basin landowners. The audio of those oral arguments can be heard here.

I say “resumed” because the arguments began two weeks ago and had to be stopped when DRBC Attorney Kenneth Warren fainted. He did so at the point when the three judge panel began questioning him hard on whether the DRBC thought it could regulate any land use involving water. He nearly fainted a second time yesterday at precisely the same point in the arguments, having to take a break and resume arguments sitting down.

The precise question put to Warren this time—the question beginning at about 20:00 that made him so nervous—was a simple one.

If the only criteria for the DRBC to exercise its jurisdiction is that it uses water, why can’t you freely roam across the Delaware River basin and, any place using water, regulate and forbid?

Read more:

http://naturalgasnow.org/can-drbc-freely-roam-basin-regulating-forbidding/