On November 30 2017 the Delaware River Basin Commission issued draft regulations that would ban fracking in portions of Delaware, New Jersey, New York and Pennsylvania. The proposed regulations implementing the ban would prohibit high-volume hydraulic fracturing in shale and other rock formations in the 13,539 square mile river basin and would govern the use, management and disposal of water from fracking operations. If implemented, the rules would make permanent a de facto moratorium on fracking in the basin that has been in place since 2010.

The commission will hold four hearings at the end of January 2018 in Waymart, Pennsylvania and in Philadelphia, and will accept written comments on its proposal until February 28 2018.

For further information on this topic please contact Samuel B Boxerman, Terence T Healey or Kenneth W Irvin at Sidley Austin LLP office by telephone (+1 202 736 8000) or email ([email protected], [email protected] or [email protected]). The Sidley Austin LLP website can be accessed at www.sidley.com.