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CASE ENTRY

Wayne Land and Mineral Group LLC v. Delaware River Basin Commission

In 1961, Delaware, New Jersey, New York, and Pennsylvania enter into compact creating Delaware River Basin Commission, requiring anyone wishing to undertake a “project having a substantial effect on the water resources of the basin” to first apply for permission. The Commission has since banned fracking, but is fracking a “project”? Maybe not, says the Third Circuit; the district court should take another look.


Tags: 2018, Contract Interpretation, Interstate Compacts, Third Circuit

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