Gene Yaw, et al v. Delaware River Basin Commissio, et al
GENE YAW, Senator, LISA BAKER, Senator, PENNSYLVANIA SENATE REPUBLICAN CAUCUS, IN THEIR OFFICIAL LEGISLATIVE CAPACITIES AND AS TRUSTEES OF THE NATURAL RESOURCES OF THE COMMONWEALTH OF PENNSYLVANIA, TOWNSHIP OF DAMASCUS, IN ITS OFFICIAL CAPACITY AND AS TRUSTEE OF THE NATURAL RESOURCES OF THE COMMONWEALTH OF PENNSYLVANIA, TOWNSHIP OF DYBERRY, COUNTY OF WAYNE and PENNSYLVANIA SENATE REPUBLICAN CAUCUS, in their Official Legislative Capacities and as Trustees of the Natural Resources of the Commonwealth of Pennsylvanie |
COUNTY OF CARBON |
DELAWARE RIVER BASIN COMMISSION |
DELAWARE RIVERKEEPER NETWORK, MAYA K. VAN ROSSUM, SENATOR STEVEN SANTARSIERO and COUNTY OF BUCKS |
WIDENER UNIVERSITY COMMONWEALTH LAW SCHOOL, ENVIRONMENTAL LAW AND SUSTAINABILITY CENTER, CITIZENS FOR PENNSYLVANIAS FUTURE and CLEAN AIR COUNCIL |
21-2315 |
July 19, 2021 |
U.S. Court of Appeals, Third Circuit |
Other Statutory Actions |
Opinions
We have the following opinions for this case:
Description |
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Yaw v. Delaware River Basin Commission |
Docket Report
This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 65 JUDGMENT, Affirmed. Costs taxed against Appellants. (CJG) [Entered: 09/16/2022 09:43 AM] |
Filing 64 PRECEDENTIAL OPINION. Coram: RESTREPO, ROTH and FUENTES, Circuit Judges. Total Pages: 38. Judge: FUENTES Authoring. (CJG) [Entered: 09/16/2022 09:43 AM] |
Filing 63 ORDER (RESTREPO, ROTH and FUENTES, Circuit Judges) denying Motion by Appellants Pennsylvania Senate Republican Caucus, Gene Yaw and Lisa Baker to Supplement the Brief. Julio M. Fuentes, Authoring Judge. (MS) [Entered: 08/31/2022 11:19 AM] |
Filing 62 ECF FILER: Motion filed by Appellants Pennsylvania Senate Republican Caucus, Gene Yaw and Lisa Baker to supplement the brief. Certificate of Service dated 08/23/2022. Service made by ECF. [21-2315] (MHH) [Entered: 08/23/2022 04:52 PM] |
Filing 61 ECF FILER: Transcript of oral argument on 03/31/2022 prepared at the direction of the Court. [21-2315] (KJW) [Entered: 04/15/2022 12:02 PM] |
Filing 60 CLERK'S LETTER to counsel written at the direction of the Court. At the direction of the court, counsel are hereby directed to file a transcript of oral argument by Monday, April 18, 2022 in the above entitled case. Liaison counsel should immediately advise the Clerk's Office of the Court Reporter or agency handling the Transcription of oral argument. The parties shall divide the cost of the preparation of the transcript. (Please see letter attached for full text) (PM) [Entered: 04/04/2022 03:07 PM] |
Filing 59 COURT MINUTES OF ARGUED/SUBMITTED CASES. [21-1364, 21-2573, 21-2574, 21-2315, 21-1283, 21-2281] (PM) [Entered: 03/31/2022 11:18 AM] |
Filing 58 ARGUED on Thursday, March 31, 2022. Panel: RESTREPO, ROTH and FUENTES, Circuit Judges. Kacy C. Manahan arguing for Appellee Delaware Riverkeeper Network; Shohin H Vance arguing for Appellant Gene Yaw; Kenneth J. Warren arguing for Appellee Delaware River Basin Commission; Robert A. Wiygul arguing for Appellee Steven Santarsiero. (PM) [Entered: 03/31/2022 11:11 AM] |
Filing 57 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Kenneth J. Warren, Esq. for Appellee Delaware River Basin Commission. Case Summary: The District Court correctly dismissed the case for lack of standing because Appellants have not demonstrated that they suffered a concrete and particularized invasion of a legally protected interest resulting from DRBC's regulation prohibiting fracking.. Post Video: YES. [21-2315] (KJW) [Entered: 03/22/2022 11:15 AM] |
Filing 56 ECF FILER: DIVISION OF TIME FORM filed by Attorney Kenneth J. Warren, Esq. for Appellee Delaware River Basin Commission. Certificate of Service dated 03/22/2022. Service made by ECF. [21-2315] (KJW) [Entered: 03/22/2022 10:54 AM] |
Filing 55 TEXT ONLY ORDER (Clerk) At the direction of the Court, oral argument will be held in the Maris Courtroom on Thursday, March 31, 2022 at 10am. (PM) [Entered: 03/21/2022 12:51 PM] |
Filing 54 Oral Argument Notification for Thursday, 03/31/2022. Setting & Time: Seitz Courtroom / 10:00am. Location: Philadelphia, PA. (PM) [Entered: 03/18/2022 03:11 PM] |
Filing 53 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Kacy C. Manahan, Esq. for Appellees Delaware Riverkeeper Network and Maya K. Van Rossum. Certificate of Service dated 02/07/2022. Service made by ECF. [21-2315] (KCM) [Entered: 02/07/2022 11:27 AM] |
Filing 52 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Kenneth J. Warren, Esq. for Appellee Delaware River Basin Commission. Certificate of Service dated 02/07/2022. Service made by ECF. [21-2315] (KJW) [Entered: 02/07/2022 10:55 AM] |
Filing 51 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Shohin H Vance, Esq. for Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw. Certificate of Service dated 02/04/2022. Service made by ECF. [21-2315] (SHV) [Entered: 02/04/2022 11:25 AM] |
Filing 50 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Steven T. Miano, Esq. for Appellee Steven Santarsiero. Certificate of Service dated 02/03/2022. Service made by ECF. [21-2315] (STM) [Entered: 02/03/2022 08:29 AM] |
Filing 49 Calendared for Friday, 04/01/2022. Calendar Clerk: PM. (PM) [Entered: 01/31/2022 05:03 PM] |
Filing 48 HARD COPY RECEIVED from Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw - Reply Brief. Copies: 3. (LM) [Entered: 11/22/2021 10:51 AM] |
Filing 47 TEXT ONLY ORDER (Clerk) directing Attorney Shohin H Vance, Esq. for Appellants County of Wayne, Township of Damascus, Gene Yaw, Lisa Baker, Pennsylvania Senate Republican Caucus and Township of Dyberry to submit 3 hard copies in gray covers for the Reply Brief filed on 11/17/21. NOTE: Four (4) copies received ONLY. Due on or before 11/22/2021. (EAF) [Entered: 11/19/2021 12:06 PM] |
Filing 46 HARD COPY RECEIVED from Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw - Reply Brief. Copies: 4. (SJB) [Entered: 11/19/2021 11:55 AM] |
Filing 45 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw. Certificate of Service dated 11/17/2021 by ECF. [21-2315] (SHV) [Entered: 11/17/2021 10:58 PM] |
Filing 44 HARD COPY RECEIVED from Amicus Appellees Citizens for Pennsylvanias Future, Clean Air Council, Environmental Law and Sustainability Center and Widener University Commonwealth Law School - Amicus Brief. Copies: 7. (KEL) [Entered: 11/04/2021 02:29 PM] |
Filing 43 ECF FILER: ENTRY OF APPEARANCE from Jessica R. O'Neill on behalf of Amicus Curiae Widener University Commonwealth Law School, Environmental Law and Sustainability Center; Citizens for Pennsylvania's Future (PennFuture); Clean Air Council. [21-2315] (JRO) [Entered: 11/03/2021 12:23 PM] |
Filing 42 ECF FILER: ENTRY OF APPEARANCE from Paul J. Cohen, II on behalf of Amicus Curiae Widener University Commonwealth Law School, Environmental Law and Sustainability Center; Citizens for Pennsylvania's Future; and Clean Air Council. [21-2315] (PJC) [Entered: 11/03/2021 12:07 PM] |
Filing 41 TEXT ONLY ORDER (Clerk) directing Pau J. Cohen AND Jessica O'Neill for Amicus Appellees Clean Air Council, Widener University Commonwealth Law School, Environmental Law and Sustainability Center and Citizens for Pennsylvania's Future to file an Entry of Appearance pursuant to L.A.R. 46.2. Due on or before 11/08/2021. (EAF) [Entered: 11/03/2021 12:01 PM] |
Filing 40 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Amici Curiae Widener University Commonwealth Law School, Environmental Law and Sustainability Center; Citizens for Pennsylvania's Future; and Clean Air Council in support of Appellee/Respondent. Certificate of Service dated 11/03/2021 by ECF. F.R.A.P. 29(a) Permission: YES. [21-2315] (PJC) [Entered: 11/03/2021 10:23 AM] |
Filing 39 HARD COPY RECEIVED from Appellee Steven Santarsiero - Brief. Copies: 7. (RM) [Entered: 11/02/2021 09:30 AM] |
Filing 38 HARD COPY RECEIVED from Appellees Delaware Riverkeeper Network and Maya K. Van Rossum - Brief. Copies: 7. (RM) [Entered: 11/02/2021 09:04 AM] |
Filing 37 HARD COPY RECEIVED from Appellee Delaware River Basin Commission - Brief. Copies: 7. (RM) [Entered: 11/02/2021 08:54 AM] |
Filing 36 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Delaware River Basin Commission. Certificate of Service dated 10/27/2021 by ECF. [21-2315] (KJW) [Entered: 10/27/2021 07:39 PM] |
Filing 35 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Steven Santarsiero. Certificate of Service dated 10/27/2021 by ECF. [21-2315] (STM) [Entered: 10/27/2021 06:21 PM] |
Filing 34 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Delaware Riverkeeper Network and Maya K. Van Rossum. Certificate of Service dated 10/27/2021 by ECF. [21-2315] (KCM) [Entered: 10/27/2021 04:59 PM] |
Filing 33 ECF FILER: ENTRY OF APPEARANCE from Joseph J. Khan on behalf of Appellee(s) Bucks County. [21-2315] (JJK) [Entered: 10/27/2021 04:56 PM] |
Filing 32 HARD COPY RECEIVED from Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw - Addendum to Appendix. Copies: 7. (RM) [Entered: 10/06/2021 01:36 PM] |
Filing 31 HARD COPY RECEIVED from Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw - Appendix. Copies: 4. Volumes: 2 (MS) [Entered: 10/05/2021 01:43 PM] |
Filing 30 HARD COPY RECEIVED from Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw - Brief. Copies: 7. (RM) [Entered: 10/05/2021 11:36 AM] |
Filing 29 COMPLIANCE RECEIVED. Electronic Addendum to Brief and Appendix received from Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw. Hard Copies due on or before 10/11/2021. (MCW) [Entered: 10/05/2021 11:08 AM] |
Filing 28 ECF FILER: ELECTRONIC ADDENDUM to BRIEF & APPENDIX on behalf of Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw. Certificate of Service dated 10/04/2021 by ECF. [21-2315] (SHV) [Entered: 10/04/2021 11:23 AM] |
Filing 27 TEXT ONLY ORDER (Clerk) directing Matthew H. Haverstick, Esq., counsel for Appellants, to file an Addendum to Brief and Appendix containing an Amended Certificate of Service showing the correct service date for the brief and appendix and also file the District Court Docket Sheet in electronic and paper format 7 hard copies with blue covers. Due on or before 10/04/2021. (MCW) [Entered: 09/29/2021 03:12 PM] |
Filing 26 ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw. Certificate of service dated 09/27/2021 by ECF. [21-2315] (SHV) [Entered: 09/27/2021 10:36 PM] |
Filing 25 ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw. Certificate of service dated 09/27/2021 by ECF. [21-2315] (SHV) [Entered: 09/27/2021 10:35 PM] |
Filing 24 ECF FILER: ELECTRONIC BRIEF on behalf of Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw. Certificate of Service dated 09/27/2021 by ECF. [21-2315] (SHV) [Entered: 09/27/2021 10:33 PM] |
Filing 23 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw due on or before 09/27/2021. Appendix due on or before 09/27/2021. (SB) [Entered: 08/17/2021 04:19 PM] |
Filing 22 Notice received from the district court that the docketing and filing fees were paid by the appellant on 08/16/2021. (SB) [Entered: 08/16/2021 04:43 PM] |
Filing 21 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants County of Wayne and Township of Damascus. [21-2315] (JST) [Entered: 08/13/2021 01:00 PM] |
Filing 20 ECF FILER: ENTRY OF APPEARANCE from Jeffrey S. Treat, Esq. on behalf of Appellant(s) Township of Damascus and County of Wayne. [21-2315] (JST) [Entered: 08/13/2021 12:58 PM] |
Filing 19 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants advising this court that transcripts are not needed. [21-2315]--[Edited 08/13/2021 by SB] (SHV) [Entered: 08/13/2021 09:23 AM] |
Filing 18 FOLLOW UP LETTER to Matthew H. Haverstick, Esq. for County of Wayne, Township of Damascus, Gene Yaw, Lisa Baker, Pennsylvania Senate Republican Caucus, Township of Dyberry and County of Carbon, Jeffrey S. Treat, Esq. for County of Wayne, Township of Damascus, Gene Yaw, Lisa Baker, Pennsylvania Senate Republican Caucus and Township of Dyberry, Shohin H Vance, Esq. for County of Wayne, Township of Damascus, Gene Yaw, Lisa Baker, Pennsylvania Senate Republican Caucus and Township of Dyberry, Joshua J. Voss, Esq. for County of Wayne, Township of Damascus, Gene Yaw, Lisa Baker, Pennsylvania Senate Republican Caucus and Township of Dyberry and Samantha G. Zimmer, Esq. for County of Wayne, Township of Damascus, Gene Yaw, Lisa Baker, Pennsylvania Senate Republican Caucus and Township of Dyberry requesting the following document(s): Transcript Purchase Order on or before 08/27/2021.. (SB) [Entered: 08/13/2021 09:15 AM] |
Filing 17 FOLLOW UP LETTER to Jeffrey S. Treat, Esq. for County of Wayne, Township of Damascus, Gene Yaw, Lisa Baker, Pennsylvania Senate Republican Caucus and Township of Dyberry requesting the following document(s): Appearance Form on or before 08/27/2021. (SB) [Entered: 08/13/2021 09:11 AM] |
Filing 16 ECF FILER: NOT PARTICIPATING: Gerard J. Geiger, Esq. for County of Carbon Appellee County of Carbon will not participate in this appeal, received. [21-2315] (GJG) [Entered: 08/12/2021 03:47 PM] |
Filing 15 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Delaware Riverkeeper Network. [21-2315] (KCM) [Entered: 08/02/2021 10:12 AM] |
Filing 14 ECF FILER: ENTRY OF APPEARANCE from Kacy C. Manahan on behalf of Appellee(s) Delaware Riverkeeper Network; Maya K. van Rossum, the Delaware Riverkeeper. [21-2315] (KCM) [Entered: 08/02/2021 09:58 AM] |
Filing 13 ECF FILER: ENTRY OF APPEARANCE from Peter V. Keays on behalf of Appellee(s) Senator Steve Santarsiero. [21-2315] (PVK) [Entered: 07/30/2021 01:10 PM] |
Filing 12 ECF FILER: ENTRY OF APPEARANCE from Robert A. Wiygul on behalf of Appellee(s) Senator Steve Santarsiero. [21-2315] (RAW) [Entered: 07/30/2021 01:01 PM] |
Filing 11 ECF FILER: ENTRY OF APPEARANCE from Steven T. Miano on behalf of Appellee(s) Senator Steve Santarsiero. [21-2315] (STM) [Entered: 07/30/2021 12:53 PM] |
Filing 10 ECF FILER: ENTRY OF APPEARANCE from John S. Stapleton on behalf of Appellee(s) The Delaware River Basin Commission. [21-2315] (JSS) [Entered: 07/29/2021 02:35 PM] |
Filing 9 ECF FILER: ENTRY OF APPEARANCE from Kenneth J. Warren on behalf of Appellee(s) The Delaware River Basin Commission. [21-2315] (KJW) [Entered: 07/29/2021 02:12 PM] |
Filing 8 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Lisa Baker, Pennsylvania Senate Republican Caucus and Gene Yaw. [21-2315] (SHV) [Entered: 07/28/2021 03:05 PM] |
Filing 7 ECF FILER: Concise Summary of the Case filed by Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry, Gene Yaw and Appellee County of Carbon. [21-2315] (SHV) [Entered: 07/28/2021 02:58 PM] |
Filing 6 ECF FILER: ENTRY OF APPEARANCE from Shohin H. Vance on behalf of Appellant(s) Senator Gene Yaw, Senator Lisa Baker, and The Pennsylvania Republican Senate Caucus. [21-2315] (SHV) [Entered: 07/28/2021 02:55 PM] |
Filing 5 ECF FILER: ENTRY OF APPEARANCE from Joshua J. Voss on behalf of Appellant(s) Senator Gene Yaw, Senator Lisa Baker, and The Pennsylvania Senate Republican Caucus. [21-2315] (JJV) [Entered: 07/28/2021 02:41 PM] |
Filing 4 ECF FILER: ENTRY OF APPEARANCE from Matthew Haverstick on behalf of Appellant(s) Senator Gene Yaw, Senator Lisa Baker, The Pennsylvania Senate Republican Caucus. [21-2315] (MHH) [Entered: 07/28/2021 02:35 PM] |
Filing 3 ORDER (Clerk) for all parties represented by Steven T. Miano, Esq., or any other attorney from Hangley Aronchick Segal Pudlin & Schiller, the designated filer shall be Senator Steve Santarsiero. (AMR) [Entered: 07/19/2021 02:36 PM] |
Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 07/19/2021 02:31 PM] |
Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Lisa Baker, County of Wayne, Pennsylvania Senate Republican Caucus, Township of Damascus, Township of Dyberry and Gene Yaw in District Court No. 2-21-cv-00119. (AMR) [Entered: 07/19/2021 02:14 PM] |
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