The Delaware Environmental Appeals Board (EAB) hears appeals of decisions made by the Secretary of the Department of Natural Resources and Environmental Control (DNREC). The Board has the authority to affirm, modify or reverse a decision of the Secretary.

The Environmental Appeals Board was created by the Delaware General Assembly in 1973 (7 Del. Code, §6007). It operates under the Environmental Appeals Board Regulations (7 DE Admin. Code 105).

The Board has seven members, all Delaware residents, including two representatives from each of the state’s three counties and a chairperson. The chairperson serves at the pleasure of the Governor. The six other members serve 3-year terms. All are appointed by the Governor with the advice and consent of the state senate.

Meetings and hearings of the Board are posted on this page, on the DNREC Calendar of Events and on the Delaware Public Meeting Calendar.

Filing An Appeal

Persons who are “substantially affected by any action of the Secretary” may appeal to the Board. The full appeal process is outlined in Section 2 of the Environmental Appeals Board Regulations (7 DE Admin Code 105). Decisions of the Environmental Appeals Board may be appealed to Delaware Superior Court.

Current Appeals

2024-04 – Edward E. Bintz

This appeal challenges the Delaware Coastal Management Program’s review of the Federal Consistency Certification Conditional Concurrence for the Construction and Operations Plan and the USACE Permits/Authorizations for the US Wind Offshore Maryland Project.

Statement of Appeal

2024-03 – SPI Pharma

This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2023-WH-0012, dated March 24, 2024.

Statement of Appeal

EAB 2024-02 – Veteran’s Services and Clean and Fresh Environmental Services

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2024-A-0010, dated March 12, 2024

Statement of Appeal

This appeal was dismissed on Oct. 11, 2024, following an EAB Hearing on July 16, 2024.

2023-12 – PATS Aircraft

This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2023-WH-0030, dated Nov. 30, 2023.

Statement of Appeal

This appeal was stayed on Feb. 22, 2024 to allow the parties to attempt to reach a resolution.

EAB 2022-02 – Donovan Salvage, et al

This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2022-WH-0021, dated Nov. 2, 2022.

Statement of Appeal

A Stipulation to Reschedule the May 9, 2023, hearing was signed on April 19, 2023.

EAB 2021-10 – Walter F. Curran

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.

Statement of Appeal

This appeal has been consolidated to include EAB 2021-07, 2021-08, 2021-09, and 2021-10 and scheduled for October 11, 2022. (Proposed Stipulated Scheduling Order) This hearing date has been postponed.

A hearing for oral arguments on initial motions was held on July 26, 2022 (Hearing Transcript).

A hearing for hold arguments on motions in limine was held on Sept. 13, 2022 (Hearing Transcript).

The merits of the appeal were heard on Feb. 13, 2024. (Hearing Transcript).

This appeal was denied on May 10, 2024.

EAB 2021-09 – The Port Operators

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.

Statement of Appeal

This appeal has been consolidated to include EAB 2021-07, 2021-08, 2021-09, and 2021-10 and scheduled for October 11, 2022. (Proposed Stipulated Scheduling Order) This hearing date has been postponed.

A hearing for oral arguments on initial motions was held on July 26, 2022 (Hearing Transcript).

A hearing for hold arguments on motions in limine was held on Sept. 13, 2022 (Hearing Transcript).

The merits of the appeal were heard on Feb. 13, 2024. (Hearing Transcript).

This appeal was denied on May 10, 2024.

EAB 2021-08 – The Philadelphia Regional Port Authority

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.

Statement of Appeal

This appeal has been consolidated to include EAB 2021-07, 2021-08, 2021-09, and 2021-10 and scheduled for October 11, 2022. (Proposed Stipulated Scheduling Order) This hearing date has been postponed.

A hearing for oral arguments on initial motions was held on July 26, 2022 (Hearing Transcript).

A hearing for hold arguments on motions in limine was held on Sept. 13, 2022 (Hearing Transcript).

The merits of the appeal were heard on Feb. 13, 2024. (Hearing Transcript).

This appeal was denied on May 10, 2024.

Related Topics:  administration, appeals, boards and commissions, eab, permitting and regulation