Draft:Delaware Riverkeeper Network

Special Protection Waters Designation (2001)

In 2001, DRN filed a legal petition with the Delaware River Basin Commission (DRBC) requesting Special Protection Waters (SPW) designation for the Lower Delaware River, from the Delaware Water Gap to Washington Crossing. The petition initiated a multi‑year regulatory process involving public hearings, municipal resolutions, and review of water quality data. In 2005, the DRBC approved SPW designation for this section of the river, establishing anti‑degradation requirements that restrict new or expanded discharges and require facilities to implement best available technologies and nonpoint‑source pollution controls.^[7][8] The designation has since been cited by regulators and researchers as a significant factor in maintaining high water quality in the Lower Delaware and in limiting potential impacts from proposed industrial and energy development projects.^[9]

Red Knot ESA Petition and Listing Process (2005–2015)

In 2005, DRN joined other conservation organizations in submitting a petition to the U.S. Fish and Wildlife Service (USFWS) seeking federal protection for the rufa subspecies of the Red Knot under the Endangered Species Act. The petition cited declines in horseshoe crab populations in the Delaware Bay, a key food source for the migratory shorebird. USFWS issued a proposed rule to list the Red Knot as “Threatened” in September 2013 and opened a public comment period.^[10] The agency finalized the listing on December 11, 2014, with an effective date of January 12, 2015, citing ongoing habitat loss, reduced food availability, and climate‑related pressures on migratory patterns.^[11]The listing requires federal agencies to consult with USFWS to ensure their actions do not risk the species or its habitat.^[12]

Delaware River Basin Fracking Ban (2021)

In 2010, the DRBC issued a moratorium on natural gas drilling, hydraulic fracturing, and related water withdrawals within the Delaware River Watershed, a decision reaffirmed in 2011.^[13]The proposed natural gas regulations drew significant public attention; by the close of the public comment period in April 2011, the DRBC had received approximately 69,000 comments, most of which opposed the draft rules and called for broader environmental review.^[14] A scheduled November 2011 vote on the regulations was canceled after officials from Delaware and New York announced they would not support adopting the rules, leaving no assured majority to lift the moratorium. On February 25, 2021, the DRBC voted to establish a permanent ban on high‑volume hydraulic fracturing within the watershed.^[15] The Commission also adopted regulations allowing the potential import of wastewater produced by hydraulic fracturing and the export of water from the basin for use in drilling operations outside the watershed, though no applications have been submitted since the ban was enacted.^[16]

PennEast Pipeline Cancellation (2021)

The PennEast Pipeline Company proposed a 116‑mile natural gas pipeline in 2014, with a route extending through Luzerne, Carbon, Northampton, and Bucks Counties in Pennsylvania and Hunterdon County in New Jersey. The proposed pipeline would have crossed the Delaware River and many of its tributaries.^[17] The Federal Energy Regulatory Commission (FERC) issued a certificate for the project on February 20, 2018.^[18] The project faced multiple regulatory and legal challenges, including petitions for DRBC review, litigation concerning FERC’s approval, and state‑level permit proceedings in New Jersey and Pennsylvania.^[19] In September 2021, PennEast announced that it would no longer pursue development of the pipeline, citing the inability to obtain required state permits.^[20] On December 16, 2021, FERC formally rescinded the project’s certificate, ending the proposal.^[21]

Challenge to EPA over dissolved oxygen water quality standards (2022–2025)

DRN has pursued a multi‑year effort to secure stronger dissolved oxygen water quality standards for the Delaware River Estuary. In April 2022, DRN and partner organizations submitted a legal petition under the Clean Water Act requesting that the U.S. Environmental Protection Agency (EPA) initiate federal rulemaking to update the standards. EPA granted the petition in December 2022 and issued proposed revised standards on December 21, 2023.^[22]

Under Section 303(c)(4)(B) of the Clean Water Act, EPA was required to finalize the standards within 90 days. When the deadline passed without a final rule, DRN sent EPA a 60‑day Notice of Intent to Sue in mid‑2024. After the notice period expired without agency action, DRN filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania on October 2, 2024, alleging that EPA’s delay violated the Clean Water Act.^[23]

On September 22, 2025, the U.S. Environmental Protection Agency (EPA) signed a rule revising outdated water quality standards for 38 miles of the Delaware River.^[24] This new rule, once published and implemented through permitting decisions, will require wastewater treatment plants in the Delaware Estuary to update their wastewater practices, specifically treating ammonia in their discharge.^[24] Improperly treated municipal and industrial wastewater discharges into the River have historically been a major cause of the Delaware Estuary’s poor water quality, which has included the presence of hypoxic and anoxic zones (low levels or absence of oxygen).^[25]

Response to the 2023 Delaware River chemical spill (2023)

In March 2023, a chemical release from the Trinseo Altuglas facility in Bristol, Pennsylvania discharged thousands of gallons of latex emulsion into Otter Creek, a tributary of the Delaware River. The Delaware River spill prompted drinking water concerns in the Philadelphia region and led to temporary shutdowns of intake operations by local water utilities.^[26]

DRN issued public statements following the incident and conducted on‑the‑ground assessments of affected waterways. The organization criticized delays in public notification and called for stronger oversight of industrial facilities along the river.^[27] DRN staff documented visible pollution in impacted tributaries and urged state and federal agencies to conduct comprehensive investigations into the cause, extent, and environmental consequences of the spill.^[28]

Endangered Species Act litigation over Atlantic sturgeon (2024)

In 2024, DRN joined with other environmental organizations in notifying three states (PA, NJ, DE) of their intent to sue under the federal Endangered Species Act, alleging that state actions and inaction were contributing to the unlawful killing of Atlantic sturgeon, a federally protected species native to the Delaware River.^[29] The groups later filed suit seeking to compel stronger protections and compliance with the Act.^[30]

Transco REAE pipeline appeal (2024)

In 2024, the DRN and Citizens for Pennsylvania's Future secured a procedural victory when the United States Court of Appeals for the Third Circuit ruled that their legal challenge to state‑issued permits for the Transcontinental Gas Pipeline Company’s (Transco) expansion project could proceed before the Pennsylvania Environmental Hearing Board (EHB). The court rejected arguments from Transco and the Pennsylvania Department of Environmental Protection that such challenges must be brought exclusively in federal court, affirming that the EHB retains authority to review state environmental permits. The decision preserved the ability of affected communities and environmental groups to contest pipeline‑related impacts on waterways, wetlands, and exceptional value streams in Bucks County and other regions of Pennsylvania. ^[31]

Challenge to FERC’s approval of the Regional Energy Access Expansion pipeline (2024)

In 2024, DRN joined a coalition of environmental organizations, an affected landowner, and several state Attorneys General in challenging the Federal Energy Regulatory Commission’s (FERC) approval of the Regional Energy Access Expansion (REAE) pipeline. The petitioners argued that FERC’s review under the National Environmental Policy Act (NEPA) did not adequately assess climate impacts or demonstrate a public need for the project.^[32]

In a unanimous decision, the United States Court of Appeals vacated FERC’s orders authorizing the project and remanded the matter to the agency for further review.^[32]

Delaware River Watershed Frack Ban Defense (2025)

In 2025, DRN responded to renewed political efforts to weaken or overturn the Delaware River Basin Commission's permanent ban on hydraulic fracturing within the watershed. Reports indicated that pro‑fracking Pennsylvania legislators had met with the federal Environmental Protection Agency administrator, raising concerns that federal officials might seek to challenge the DRBC’s authority to maintain the ban.^[33] Environmental organizations, including DRN, publicly reaffirmed their support for the DRBC’s fracking prohibition and launched initiatives to defend the watershed from potential federal intervention.^[34] Coalition partners emphasized that previous attempts by industry groups, landowners, and state legislators to overturn the ban had been dismissed by the courts, and advocacy groups launched a coordinated campaign to defend the DRBC’s authority. The ban on fracking was established by the DRBC after 11 years of advocacy and broad and diverse public engagement led by Delaware Riverkeeper Network. The organization and coalition organizations publicly reaffirmed their commitment to defending the ban and supporting the DRBC’s decision. ^[35]

Gibbstown LNG export terminal litigation (2025)

In 2025, DRN filed a lawsuit in the United States District Court for the District of New Jersey challenging the Delaware River Basin Commission’s (DRBC) decision to grant a second extension for the proposed Gibbstown Liquefied Natural Gas (LNG) Export Terminal project in Gloucester County, New Jersey. The organization argued that the extension violated the DRBC’s Rules of Practice and Procedure, which allow only one extension of a Section 3.8 approval and require that a project remain materially unchanged and be actively pursued by the applicant.^[36]

The proposed terminal, originally approved in 2019 and upheld by the DRBC in 2020 following an administrative appeal brought by DRN, has not been constructed. The site remains subject to seasonal restrictions on in‑water work to protect endangered Atlantic sturgeon, and portions of the surrounding area are undergoing long‑term remediation for historic industrial contamination.^[37]

Upgraded Water Quality Standards for the Delaware Estuary (2025)

In September 2025, the EPA finalized updated water quality standards for a 38‑mile stretch of the Delaware River between Philadelphia, Camden, and Wilmington. The rule raises dissolved oxygen requirements in this section of the river and is intended to improve aquatic habitat conditions, particularly for oxygen‑sensitive species such as the endangered Atlantic sturgeon. The EPA issued the new standards following litigation brought under the Clean Water Act by the Delaware Riverkeeper Network and other environmental groups, which argued that existing criteria did not adequately protect fish populations. Once implemented through permitting decisions, the standards will require wastewater treatment facilities discharging into the river to meet higher oxygen thresholds, including through reductions in ammonia levels. Federal and academic analyses cited in the rulemaking process noted that improved oxygen conditions could support long‑term recovery of fish species in the estuary.^[38]

PFAS Regulation and Cleanup (2025)

Per‑ and polyfluoroalkyl substances (PFAS) are synthetic chemicals known for their persistence in the environment and potential health impacts. In 2005, DRN discovered the presence of PFAS in the Delaware River watershed by collecting tap water samples in Deepwater, New Jersey, near a DuPont manufacturing facility. This began a series of actions by the NJ Department of Environmental Protection (NJDEP), water companies, and municipalities that eventually led to New Jersey becoming the first state in the nation to adopt safe drinking water standards for a PFAS compound. Since then, other regulations controlling PFAS have been adopted. In 2025, through a court case (New Jersey v. Dupont), New Jersey reached a $2B settlement for damages by Dupont and related companies.^[39]

DRN also pursued PFAS regulation in Pennsylvania and Delaware. In 2017, DRN submitted a legal petition for rulemaking with the Environmental Quality Board (EQB) for a safe drinking water standard to be established for perfluorooctanoic acid (PFOA). The EQB accepted the petition but took no action until DRN filed a lawsuit against the State of Pennsylvania for its inaction in 2019. After litigation and public complaints, the Pennsylvania Department of Environmental Protection finally adopted maximum contaminant levels (MCLs) for PFOA and perfluorooctane sulfonate (PFOS) in 2023. In 2024, the EPA adopted federal safe drinking water standards for PFOA and PFOS and four other commonly found PFAS compounds that apply nationwide.^[40][41]

Delaware enacted legislation in 2025 requiring PFAS monitoring and public reporting for public water systems, with enforcement of federal standards beginning in 2029. DRN continues to advocate for the cessation of all PFAS use, protective environmental regulations, the accurate identification and elimination of PFAS pathways into the environment, rigorous and thorough clean-up, and for those responsible for the pollution to be made fully accountable.^[42]