In a 37-page opinion, the United States District Court for the District of New Jersey granted the cross-motion for summary judgment filed by LSSC client, the Delaware River Basin Commission. The plaintiffs in the action appealed to the District Court from the Commission’s administrative decision approving a project, also referred to as a “docket.” For each of the bases in the plaintiffs’ appeal, the District Court found that substantial evidence in the administrative record supported the Commission’s decision and denied the plaintiffs’ appeal.
In 1961, New Jersey, Pennsylvania, New York, and Delaware and the United States enacted the interstate-federal Delaware River Basin Compact to provide for their joint administration of the water resources of the Basin. The signatory members of this regional body include the four basin state governors and the Division Engineer, North Atlantic Division, U.S. Army Corps of Engineers, who serves as the federal representative.
Our co-counsel in this matter is Warren Environmental Counsel LLC.