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WAYNE LAND & MINERAL v. DELAWARE RIVER BASIN COM'N

No. 19-2354.

959 F.3d 569 (2020)

WAYNE LAND AND MINERAL GROUP, LLC v. DELAWARE RIVER BASIN COMMISSION. Maya Van Rossum, The Delaware Riverkeeper; Delaware Riverkeeper Network (Intervenors in District Court) *Senators Joseph B. Scarnati, III; Lisa Baker; Gene Yaw, Appellants. *Pursuant to Fed. R. App. P. Rule 12(a).

United States Court of Appeals, Third Circuit.

Filed: May 19, 2020.

Attorney(s) appearing for the Case

Matthew H. Haverstick , [ARGUED], Eric J. Schreiner , Shohin H. Vance , Kleinbard, Three Logan Square, 1717 Arch Street, 5th Floor, Philadelphia, PA 19103, Counsel for Appellants.

Christopher R. Nestor , Overstreet & Nestor, 1425 Crooked Hill Road, #62066, Harrisburg, PA 17106, Counsel for Appellee Wayne Land and Mineral Group LLC.

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.

Jordan B. Yeager [ARGUED], Curtin & Heefner, 2005 South Easton Road, Suite 100, Doylestown, PA 18901, Counsel for Appellees Maya Van Rossum, The Delaware Riverkeeper and Delaware Riverkeeper Network.

Before: RESTREPO, ROTH and FISHER, Circuit Judges.

OPINION OF THE COURT

It is well established that a federal court has a duty to assure itself that the persons invoking its power have standing to do so under Article III of the Constitution. That principle applies even to putative intervenors of right under Federal Rule of Civil Procedure 24(a)(2), who must demonstrate...

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