Wayne Land and Mineral Group LLC v. Delaware River Basin Commission, No. 19-2354 (3d Cir. 2020)
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Wayne challenged the Delaware River Basin Commission (DRBC)’s authority to regulate its proposed fracking activities. Riverkeeper, an environmental group, was permitted to intervene under Federal Rule of Civil Procedure 24. Three Pennsylvania State Senators also sought to intervene, on the side of Wayne, in their official capacities. The Senators asserted that the “DRBC is nullifying the General Assembly’s lawmaking power by effectively countermanding the directives of duly enacted laws that permit” fracking-related activities. They did not specify the relief they sought. Riverkeeper contended that the Senators lacked standing to intervene. The district court denied the Senators’ motion without discussing standing, holding that the Senators had failed to establish the conditions necessary for Rule 24(a) intervention of right. The court later granted DRBC’s motion to dismiss. On remand from the Third Circuit, the Senators again sought to intervene, requesting that the court “invalidate the de facto moratorium and enjoin its further enforcement,” as exceeding the DRBC’s scope of authority, or, alternatively, that the DRBC “provide just compensation." The district court denied the motion because the Senators had not shown a “significantly protectable interest in th[e] litigation.”
The Third Circuit vacated and remanded, reasoning that the Senators appear to be seeking relief different from that sought by the plaintiff. The district court erred in ruling on the merits of the Rule 24 motion before considering whether the Senators need to establish Article III standing for either of their proposed claims.
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