PA State Senators Joseph B. Scarnati, Lisa Baker and Gene Yaw have moved to be admitted as intervenors in what they effectively called a DRBC takings case.
When the Wayne Land and Minerals Group (WLMG) initially filed its lawsuit against the DRBC’s attempt to regulate gas drilling as if a well pad was somehow a water project, three Pennsylvania State Senators filed a petition to intervene in the case in favor of the Commonwealth an.... That petition wasn’t approved, although the Delaware Riverkeeper was approved, which tells you a lot about the undue influence environmental groups wield in Federal courts.
The Scranton Federal District Court judge’s decision in that initial case was a highly unusual one in that it largely trashed the DRBC for its inconsistency and outrageous inaction on regulations, but then ruled that well pads were, indeed, water projects. WLMG then appealed the decision to the Third Circuit Court of Appeals, which remanded the case back to Scranton with direction to consider the arguments of WLMG. Now, the three Senators have again filed to intervene. They have, in the process, raised two additional and very powerful points and have made it clear there is a DRBC takings issue that will not be ignored.