On March 31, 2015, the Superior Court of the State of Delaware ruled in favor of the Delaware Department of Natural Resources and Environmental Control (DNREC) in two separate appeals from the Coastal Zone Industrial Control Board (CZICB) and the Environmental Appeals Board (EAB) involving challenges to an Order of the DNREC Secretary approving an air permit amendment relating to the Delaware City Refinery. Connolly Gallagher attorneys Max B. Walton and Matthew F. Boyer argued on behalf of DNREC that the challengers failed to satisfy the statutory jurisdiction requirements governing appeals to the EAB, and filed a cross-appeal challenging compliance with the jurisdiction of the CZICB as well. The Court found DNREC’s arguments meritorious and ruled in its favor in both appeals.
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