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
Zach Naylor
Deputy Attorney General
Delaware Department of Justice
Meetings and Hearings
December 12, 2023
Before the Environmental Appeals Board: Appeals 2021-08, 09 and 10 (Consolidated)
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 and Notice of Administrative Penalty Assessment and Secretary’s Order No. 2023-WH-0017,
Statement of Appeal (7/24/23)
Statement of Appeal (7/27/23)
Statement of Appeal (7/31/23)
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2023-WH-0014, dated June 21, 2023.
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2023-A-0013, dated June 21, 2023.
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2023-WH-0003, dated Jan. 17, 2023.
This appeal was dismissed on May 18, 2023. (Stipulation of Dismissal)
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2022-WH-0021, dated Nov. 2, 2022.
A Stipulation to Reschedule the May 9, 2023, hearing was signed on April 19, 2023.
This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2022-1-0017, dated Sept. 8, 2022.
This appeal was stayed through April 2023 to allow discussions for a potential negotiated resolution.
On May 2, 2023, DuPont Nutrition submitted a motion to withdraw the appeal.
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
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).
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
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).
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
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).
This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021.
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)
This appeal challenges the Department of Natural Resources and Environmental Control’s issuance of the Notice of Administrative Penalty Assessment and Secretary’s Order 2021-A-0011 served on March 22, 2021.
The appeal challenges the Notice of Lien (DE-1172) issued by the Department of Natural Resources and Environmental Control on Dec. 18, 2018.
The appeal challenges the issuance of a Significant Modification to the Title V Operating Permit for the DCRC Refinery, Permit AQM-003/00016-Part I, (Renewal 2)(Revision 1), AQM-0003/00016 Part II (Renewal I)(Revision I), AQM-003/00016 Part III, (Renewal 2)(Revision I) The Modified Permit.
Related Topics: administration, appeals, boards and commissions, eab, permitting and regulation