Managing Partner Matt Haverstick addresses the lawsuit, filed by Pennsylvania’s state Senate leaders, against the Delaware River Basin Commission (the commission) in The Legal Intelligencer. State senators and Damascus Township allege that the commission’s decision to impose a moratorium on fracking in Pennsylvania is unconstitutional, usurps the authority of the General Assembly and violates the Guarantee Clause of the U.S. Constitution, which grants citizens the right to choose their legislative representatives. The plaintiffs also allege that the moratorium could negatively impact the economy, as municipalities are continuing to struggle with budgetary shortfalls as a result of the COVID-19 pandemic.
“Getting this issue resolved is critical to the Commonwealth’s economic health,” Matt said. “It’s inconceivable that the General Assembly intended to give away that much power over natural resources to unelected, out-of-state administrators.”