An appeal against decisions made around the US Wind Offshore Maryland Project will move forward, after a unanimous decision from the Delaware Environmental Appeals Board on Tuesday.
The Delaware Environmental Appeals Board denied DNREC’s motion to dismiss an appeal that the department's conditional approvals of federal permits on the US Wind Offshore Maryland Project weren't done correctly, missing marks on thoroughness and posting materials that are public record.
The board heard arguments from DNREC and Sussex County resident Edward Bintz based on a complaint Bintz filed in 2024.
It denied DNREC's motion to dismiss without prejudice then, meaning that it could be brought forward again.
It heard renewed arguments from Bintz's attorney Jane Brady and DNREC's representative Devera Scott on Tuesday.
Scott said DNREC's role in the process is finished, and it's turned over to the federal government now. And because there's no way for the state has no remedy to redress Bintz's grievances, it doesn't have authority in the matter.
Bintz and Brady argue that his objections to DNREC’s compliance with its Coastal Zone Management Act, which is not within federal authority.
"We are making a claim against a state actor," Brady said. "That is the Secretary."
She said the board's question is, whether the case should be dismissed, "or should Mr. Bintz be allowed to challenge the Secretary's decision regarding consistency and whether that was supported by substantial evidence and all the usual standards we would apply to the secretary's decision."
She said no body has heard Bintz on this, and granting DNREC's motion would deny that.
She added other courts and boards will weigh in on the, "federal matter based on what you decide."
Brady pointed out a beach construction permit challenge is set for consideration in Delaware superior court next month. And board consideration for subaqueous permits is also pending.
"There's no risk to the state, there's no risk to the environment for this case to be heard and for you to deny this motion to dismiss today," she said.
The Delaware Environmental Appeals Board hears appeals of decisions made by the DNREC Secretary. It has the authority to affirm, modify or reverse a decision of the Secretary.
It will formally hear Bintz's case, with a possible date in September.
