News & Insights

Connolly Gallagher Wins Before the Environmental Appeals Board

April 8, 2014
Representing the Delaware Department of Natural Resources and Environmental Control (“DNREC”) in an challenge to DNREC’s Secretary’s decision on an air permit amendment for the Delaware City Refinery, Connolly Gallagher Attorneys Max B. Walton and Matthew F. Boyer argued that the Environmental Appeals Board (“EAB”) lacked jurisdiction because the Appellants (the Sierra Club and Delaware Audubon) were appealing issues arising solely under the Coastal Zone Act (“CZA”). In a unanimous written decision issued on April 8, 2014, the Board held that it lacked jurisdiction to hear and decide claims under the CZA and dismissed the appeal. The case is now on appeal to the Delaware Superior Court.

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