The Delaware Environmental Appeals Board will hold a hearing on two appeals.

This will be a hybrid meeting with an in-person option at the DNREC building in Dover and a virtual option via Webex.

The Environmental Appeals Board of the State of Delaware (the “Board”) has scheduled a hearing, pursuant to its authority under 7 Del. C. §§ 6007 and 6008, on a Motion to Dismiss on the appeal (designated as Appeal No. 2025-04) filed by WKA Fairfax, LLC. The hearing will also be for the appeal (designated as Appeal No. 2024-04) filed by Edward E. Bintz.

Appeal No. 2025-04 challenges Secretary’s Order No. 2025-WH-0017 dated June 1, 2025, issued to WKA Fairfax 2, LLC, for failing to comply with state law and state regulations.

Appeal No. 2024-04 challenges 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.

The parties may present evidence, be represented by Delaware counsel or appear personally. The Board shall reach its decision based on the record before the Secretary and evidence presented by the parties. The Board may affirm, reverse, or remand the decision of the Secretary. Pursuant to 7 Del. C. § 6008(a), the Board may enter into executive session for deliberation.

Details of these appeals can be found on the webpage of the Delaware Environmental Appeals Board.

For more information, please contact Environmental Appeals Board staff at 302-739-9001.

Public Meeting Calendar Posting for Appeal No. 2025-04

Public Meeting Calendar Posting for Appeal No. 2024-04