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TEXACO REFINING v. DELAWARE RIVER BASIN COM'N

Civ. A. Nos. 89-695-SLR, 90-353-SLR.

824 F.Supp. 500 (1993)

TEXACO REFINING AND MARKETING, INC., Plaintiff, v. DELAWARE RIVER BASIN COMMISSION, Defendant. CHEVRON U.S.A. INC., Plaintiff, v. DELAWARE RIVER BASIN COMMISSION, Defendant.

United States District Court, D. Delaware.

June 11, 1993.

Attorney(s) appearing for the Case

Richard D. Allen, and R. Judson Scaggs, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for plaintiff Texaco Refining and Marketing Inc.

Richard D. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE (R.W. Williams, G. Alan Kramer, Marsha A. Penn, of Chevron U.S.A. Inc., of counsel), for plaintiff Chevron U.S.A. Inc.

Kevin P. Maloney, of Delaware Dept. of Justice, Wilmington, DE (David J. Goldberg, Gen. Counsel of Delaware River Basin Com'n, West Trenton, NJ, of counsel), for defendant.

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...

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