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.

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.

Filing An Appeal

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.

Current Appeals

EAB 2022-02 – Donovan Salvage, et al

This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2022-WH-0021, dated Nov. 2, 2022. (Statement of Appeal)

EAB 2022-01 – DuPont Nutrition

This appeal challenges Notice of Administrative Penalty Assessment and Secretary’s Order No. 2022-1-0017, dated Sept. 8, 2022. (Statement of Appeal)

This appeal has been stayed through April 2023 to allow discussions for a potential negotiated resolution.

EAB 2021-10 – Walter F. Curran

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021. (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).

EAB 2021-09 – The Port Operators

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021. (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).

EAB 2021-08 – The Philadelphia Regional Port Authority

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021. (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).

EAB 2021-07 – Delaware Community Benefits Agreement Coalition, et al

This appeal challenges the decision of the DNREC Secretary in Secretary’s Order No. 2021-W/CCE-0026, dated Sept. 30, 2021. (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 pubic 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)

EAB 2021-03 – Keep Our Wells Clean

This appeal challenges the Secretary of the Department of Natural Resources and Environmental Control’s issuance of Secretary’s Order No. 2021-W-0012, dated April 27, 2021. (Statement of Appeal)

EAB 2021-02 – GT USA Wilmington, LLC

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. (Statement of Appeal)

EAB 2020-04 – Keep Our Wells Clean

This appeal challenges Secretary’s Order No. 2020-W-0008 approving the permit application for treated wastewater effluent disposal via spray irrigation at Artesian Northern Sussex Regional Water Recharge Facility in Milton.

EAB 2019-01 – Capitol Cleaners and Launderers, Inc.

The appeal challenges the Notice of Lien (DE-1172) issued by the Department of Natural Resources and Environmental Control on Dec. 18, 2018.

EAB 2017-06 – Delaware City Refining Company, LLC

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