WAYNE LAND & MINERAL v. DELAWARE RIVER BASIN

No. 17-1800.

894 F.3d 509 (2018)

WAYNE LAND AND MINERAL GROUP LLC, Appellant v. DELAWARE RIVER BASIN COMMISSION Maya Van Rossum; Delaware Riverkeeper Network.

United States Court of Appeals, Third Circuit.

November 20, 2017.

Filed: July 3, 2018.


Attorney(s) appearing for the Case

Jeffrey Belardi , Belardi Law Office, 410 Spruce Street — 4th Fl., Scranton, PA 18503, Christopher R. Nestor , Overstreet & Nestor, 1425 Crooked Hill Road — #62066, Harrisburg, PA 17106, David R. Overstreet [ARGUED], Overstreet & Nestor, 461 Cochran Rd., P.O. Box 237, Pittsburgh, PA 15228, Joseph R. Rydzewski , Spall Rydzewski Anderson Lalley & Tunis, 2573 Route 6, Hawley, PA 18428, Counsel for Appellant.

Mark L. Greenfogel , Kenneth J. Warren [ARGUED], Warren Environmental Counsel, 975 Mill Road, Millridge Manor House Suite A, Bryn Mawr, PA 19010, Counsel for Appellee Delaware River Basin Commission.

Mark L. Freed , Jordan B. Yeager [ARGUED], Curtin & Heefner, 2005 S. Easton Road — Ste. 100, Doylestown, PA 18901, Counsel for Intervenor-Defendant Appellees Maya Van Rossum and Delaware Riverkeeper Network.

Matthew H. Haverstick [ARGUED], Eric J. Schreiner , Joshua J. Voss , Kleinbard, 1650 Market Street — 46th Fl., Philadelphia, PA 19103, Counsel for Not Party Amicus Appellants.

Before: JORDAN, HARDIMAN and SCIRICA, Circuit Judges.


OPINION OF THE COURT

Wayne Land and Mineral Group, LLC, a company that wants to obtain natural gas by fracking reserves in Pennsylvania,1 appeals from the dismissal of its complaint for failure to state a claim. Wayne sought a ruling in the District...

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