February 22, 2018

DCS is Back in Court, Fighting for the Health of DRB Residents!

DCS supports the Delaware River Basin Commission (DRBC) as the WLMG appeals the dismissal of its case against them.

Amicus brief, page 1

The Wayne Land and Mineral Group’s (WLMG) challenge to the DRBC’s regulatory authority was dismissed on March 23, 2017. They filed a Notice of Appeal to the U.S. Court of Appeals for the Third Circuit on April 7, 2017. DCS is now back in court with an Amicus brief in support of the DRBC and in opposition to WLMG’s suit. DCS is fighting for the health of Delaware River Basin (DRB) residents, citing several recently published reports on adverse health effects related to fracking. Excerpts from the brief follow:

“Damascus Citizens for Sustainability, Inc. (DCS) is filing this amicus curiae brief in support of the Delaware River Basin Commission (DRBC or “Commission”) and its jurisdiction under the Delaware River Basin Compact (Compact) to regulate oil and gas development projects in the Delaware River Basin (Basin).”

“Since its inception in 2008 DCS has seen a growing number of cases where individuals and communities outside the Basin have suffered serious health impacts from pollution caused by fracking near their homes and communities or upstream from them. DCS and its members are very concerned that similar types of fracking impacts would occur in the Basin if fracking activities are determined to be beyond the control of DRBC.”

“The purpose of this amicus brief is to better inform this Court about the adverse human health impacts that have been caused by oil and gas development using fracking in areas outside the Basin that are not subject to the Commission’s project review authority. As discussed in the Arrindell Declaration (attached as Exhibit 1 to this brief), in many other parts of Pennsylvania that are outside of the Basin and in other parts of the country, there have been very significant adverse health impacts caused by fracking. To the best of our knowledge, no one who lives, works, or recreates within the Basin has experienced such health impacts as yet for one and perhaps only one reason. That reason is the moratorium on fracking projects and the protections built into the Compact and the regulatory controls established and enforced by DRBC.”

“There are several recently published reports on adverse health effects related to fracking. Information about many of the thousands of health impact cases is reported in one or more of the reports attached as exhibits to this brief.”

“We have laid out in this brief and its exhibits some of the devastating impacts that would follow in the Basin if this Court determines that the Commission does not have the authority to regulate – including the authority to ban — fracking in the Basin.”

With your support, we can ban fracking in the Delaware River Basin!