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 the appeal (designated as Appeal No. 2020-06) filed by Marshall Jenney (“Appellant”). The appeal contests the Division of Water’s Wetlands & Subaqueous Lands Section’s Decision, dated May 22, 2020, to deny Appellant’s Subaqueous Lands Lease Application for Tax Parcel number 334-20.17-14.00.

The hearing will begin at 9:00 a.m. on October 27, 2020. Due to the public health threat of COVID-19, the public hearing will be hosted on a virtual hearing platform. The link to this hearing can be found on the EAB website. 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.

Related Topics:  appeal, eab, environmental appeals board, permitting and regulation, public hearing, public notice, subaqueous lands