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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.
Administrative Contact
Environmental Appeals Board
89 Kings Highway
Dover, DE 19901
302-739-9001
Counsel
Nicholas Picollelli
Deputy Attorney General
Delaware Department of Justice
Meetings and Hearings
March 10, 2026
Environmental Appeals Board Hearing: Edward E. Bintz (Postponed)
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.
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.
This appeal challenges Secretary’s Order No. 2025-A-0039 that found the Delaware City Refining Company, LLC in violation of 7 Del. C. Chapter 60, state air regulations, and its permit.
EAB 2025-06 Statement of Appeal
This appeal challenges Secretary’s Order No. 2025-A-0038 a Notice of Conciliation and Secretary’s Order to notify Delaware City Refining Company, LLC that the Secretary has found the company in violation of its air permits.
EAB 2025-05 Statement of Appeal
This appeal challenges Secretary’s Order No. 2025-WH-0017 issued to WKA Fairfax 2, LLC, for failing to comply with the Hazardous Substance Cleanup Act (HSCA) and 7 Delaware Administrative Code 1375, Section 9.4.1.1.
EAB 2025-04 Statement of Appeal
This appeal challenges Secretary’s Order No. 2025-WH-0014, a notice of administrative penalty assessment and secretary’s order relating to several violations of Delaware’s Regulations Governing Hazardous Waste.
EAB 2025-03 Statement of Appeal
This appeal challenges Secretary’s Order No. 2025-W-0006 which approved the application of Fort DuPont Redevelopment and Preservation Corporation for a Subaqueous Lands Permit.
EAB 2025-02 Statement of Appeal
Environmental Appeals Board Hearing: Monday, Sept. 22, 2025, at 9 a.m. (Canceled)
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2024-A-0053, dated Dec. 16, 2024.
EAB 2025-01 Statement of Appeal
This appeal, by the Caesar Rodney Institute, Paul “Wes” Townsend, George Marrick, Natalie C. Madgeburger, the Town of Fenwick Island and Tower Shore Beach Association, challenges Secretary’s Order No. 2024-W-0051, dated Dec. 9, 2024.
EAB 2024-07 Statement of Appeal
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2024-WH-0044, dated Oct. 22, 2024.
EAB 2024-06 Statement of Appeal
Order Approving Motion to Dismiss (May 5, 2025)
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2024-WH-0043, dated Oct. 22, 2024.
EAB 2024-05 Statement of Appeal
Order Approving Motion to Dismiss (May 5, 2025)
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.
EAB 2024-04 Statement of Appeal
A hearing for arguments on a motion to dismiss was held on Oct. 22, 2024 (Hearing Transcript).
Order Denying Motion to Dismiss (Dec. 9, 2024)
A hearing for arguments on a motion to compel was held on Jan. 28, 2025 (Hearing Transcript).
Order Granting Motion to Compel (Feb. 19, 2025)
On Sept. 3, 2025, the Board released an Order Granting Appellant’s Renewed Motion to Compel
A hearing on this appeal scheduled for March 10, 2026 has been postponed and will be rescheduled.
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2024-A-0010, dated March 12, 2024
EAB 2024-02 Statement of Appeal
This appeal was dismissed on Oct. 11, 2024, following an EAB Hearing on July 16, 2024.
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2022-WH-0021, dated Nov. 2, 2022.
EAB 2022-02 Statement of Appeal
A Stipulation to Reschedule the May 9, 2023, hearing was signed on April 19, 2023.
A Stipulation of Dismissal was signed on Feb. 27, 2025.
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
EAB 2021-10 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.
Decision and Order Upon Remand – A decision by the Environmental Appeals Board clarifying the standard of its review of appeals 2021-08, 2021-09 and 2021-10, providing a written evaluation of the evidence and reasoning for its rulings, as ordered by the Delaware Superior Court in response to an appeal of the Board’s earlier decision. (July 14, 2025)
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
EAB 2021-09 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.
Decision and Order Upon Remand – A decision by the Environmental Appeals Board clarifying the standard of its review of appeals 2021-08, 2021-09 and 2021-10, providing a written evaluation of the evidence and reasoning for its rulings, as ordered by the Delaware Superior Court in response to an appeal of the Board’s earlier decision. (July 14, 2025)
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
EAB 2021-08 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.
Decision and Order Upon Remand – A decision by the Environmental Appeals Board clarifying the standard of its review of appeals 2021-08, 2021-09 and 2021-10, providing a written evaluation of the evidence and reasoning for its rulings, as ordered by the Delaware Superior Court in response to an appeal of the Board’s earlier decision. (July 14, 2025)
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
EAB 2021-07 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).
On April 28, 2022, following a public hearing on April 12, the Environmental Appeals Board dismissed the appeal by the Delaware Community Benefits Agreement Coalition (DCBAC) and gave co-appellants a chance to file individual amended statements of appeal and affidavits or declarations establishing their standing to prosecute the appeal. (Public Hearing Transcript)
On April 30, 2024, the Superior Court reversed the EAB decision, in part, affirmed it, in part, and remanded the decision back to the Board.
A hearing before the Environmental Appeals Board is set for Tuesday, Jan. 27, 2026, at 9 a.m.
Related Topics: administration, appeals, boards and commissions, eab, permitting and regulation
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