On May 29, 2019, Representative Wendy Ullman wrote an opinion piece that pretty much parroted the misleading talking points of the Delaware River Keeper. READ REPRESENTATIVE ULLMAN'S OPINION
We responded to Representative Ullman's article and our response was published on July 5, 2019. READ OUR RESPONSE.
Article V of the BILL OF RIGHTS of the US Constitution clearly defines the rights of property owners, AND the fact that property use issues can only be resolved by DUE PROCESS and that the owners of property taken MUST BE FAIRLY COMPENSATED. Both HB827 and SB305 address the inequity being foisted on property owners in the Upper Delaware River Basin.
Many types of government action infringe on private property rights. Accordingly, the Fifth Amendment's compensation requirement is not limited to government seizures of real property. Instead, it extends to all kinds of tangible and intangible property, including but not limited to easements, personal property, contract rights, and trade secrets.
In United States v. Dickinson, 331 U.S. 745 (1947), the Supreme Court held that even if the government does not physically seize private property, the action is still a taking "when inroads are made upon an owner’s use of it to an extent that, as between private parties, a servitude has been acquired either by agreement or in course of time.”
On June 6,2019 DRBC Director, Steve Tambini was questioned by UDRBC Secretary Betty Sutliff if there were any other industries banned due to possible risks in the basin. She also expressed the factual observation that the four DRBC Commissioners had already confirmed that they were voting for a total ban BEFORE THE PUBLIC COMMENT MEETINGS WERE HELD! Tambini's response: "As Ms Sutliff knows, that matter is both under litigation and pending before commission." HERE ARE THE UDC MEETING MINUTES. Jeff Dexter asked why the DRBC had their people on the floor of the PA House, lobbying legislators against HB827 and telling them that there is no natural gas in the Upper Delaware River Basin. Tambini's response was that they were "EDUCATING".
If there is no natural gas in the Upper Delaware River Basin, what is the issue? There won't be any fracking! Make no mistake about it. This overblown issue has been created as an underhanded attempt to extend the power of the DRBC not only manage water quality, but to override the authority of the states and control every aspect of how you can use your land. All of this is based on hypotheses already disproved by the Susquehanna River Basin Commission and the PA DEP.