Clinic Current Public Docket

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To give you some sense of the variety of projects the Clinic handles, here is the current list of matters in which the Clinic has publicly appeared on behalf of one or more Clinic clients:



 PENDING PUBLIC DOCKET – Second Quarter 2016

 Court Proceedings

Potomac Riverkeeper v. Berkeley County Public Sewer District, 3:15-cv-00095 (U.S. Dist. Ct. N. Dist. of WV) – Clean Water Act enforcement case for violations of NPDES discharge permit for Marlowe Towne Center.  Status:  In Discovery

Funk et al v. Wolf et al, No. 467 MD 2015 (Pennsylvania Commonwealth Court) – Original Complaint seeking Declaratory and Mandamus Relief against Governor, DEP and its Secretary, Environmental Quality Board and its Chair, Dept of Conservation and Natural Resources and its Chair, Dept of Agriculture and its Secretary, and Dept of Transportation and its Secretary seeking to have these representatives of the Commonwealth develop a comprehensive plan to regulate CO2 and Greenhouse Gases pursuant to their duties as public trustees under article I, § 27 of the PA Constitution.  Status:  Preliminary Objections being briefed; oral argument in June 2016.

Administrative Proceedings

Everett LeRoy McGee v. DNREC, Nos. 2014-10 and 2015-04 (Delaware Environmental Appeals Board) – Appeal of environmental liens issued by DNREC under DE’s Hazardous Substances Cleanup Act on grounds of promissory estoppel and due process concerns.  Status:  Awaiting re-scheduling of hearing.


Recent Results

Sierra Club and Delaware Audubon v. DNREC, No. 216,2015 (Delaware Supreme Court) – Appeal of ruling by Delaware’s Superior Court affirming rulings by Coastal Zone Industrial Control Board Environmental Appeals Board on ground that boards had no jurisdiction to hear challenge to Order by Secretary of DNREC granting air permit to Delaware City Refinery in connection with crude oil transfer operation.  Decision of Superior Court Affirmed.

Hoffman et al v. Board of Adjustment of the City of Newark, DE, No. N14A-05-015 ALR (Delaware Superior Court) – Appeal of ruling by Board of Adjustment affirming zoning verification issued for 279 MW power plant as “accessory use” to data center.  Appeal dismissed as moot after City changed Ordinance and Court found that zoning verification had no precedential value and was without force or effect.

West Buffalo Township Concerned Citizens v. Department of Environmental Protection, No. 2014-078 (PA Environmental Hearing Board) – Appeal of NPDES CAFO permit for hog farm operation in Butler County, PA.  Status:  Appeal dismissed after settlement agreement reached.

Gunpowder Riverkeeper v. FERC (DC Circuit Ct of Appeals) – Petition for Review of FERC decision granting certificate of public convenience for natural gas pipeline dismissed for lack of jurisprudential standing in 2-1 decision.

Inland Bays Foundation and Protecting our Indian River v. DNREC (Delaware Superior Court) – Appeal of DE Environmental Appeals Board decision upholding Final Plan of Remediation for brownfields site denied.

Delaware Audubon v. DNREC (Delaware Superior Court) – settlement reached that sets schedule for Open Space Council to develop criteria for State Resource Areas, and then requires DNREC to designate and map State Resource Areas under the developed criteria, by end of May 2016.



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