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.

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 hearing will begin at 9:00 a.m. on May 26, 2026, and will be held as a hybrid hearing. It will be hosted on a virtual platform with the anchor location at the auditorium of the Richardson and Robbins building, located at 89 Kings Highway, Dover, Delaware. 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 notice, secretarys order