Texaco Refining & Marketing, Inc. v. Delaware River Basin Commission

OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

In these two actions, the plaintiff corporations seek review of determinations by the Delaware River Basin Commission (“DRBC”) that the plaintiffs are subject to charges for withdrawing water from the Delaware River Basin (“Basin”). 1 Under the Delaware River Basin Compact (“Compact”), subject to exemptions covered under a “grandfather” provision, the DRBC may charge for withdrawal of water from the Basin. The plaintiff corporations contend that they are covered under the “grandfather” provision, while the DRBC argues to the contrary. Both…