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 – Fourth Quarter 2022

Administrative Proceedings

Heric et al v. DEP, No. 2021-077-L and 2021-078-L (consolidated) (PA Environmental Hearing Board) – Challenge to a Chapter 105 Water Encroachment permit and a Chapter 102 Stormwater permit issued to a 1 million sq. ft. warehouse near Nazareth, PA.  The challenge relates to the failure to comply with regulatory requirements.  Status:  Fact and expert discovery completed.  The Clinic has filed a Dispositive Motion on the Chapter 105 permit.

Keep Our Wells Clean et al. v. DNREC, Nos. 2020-04 and 2021-03 (Delaware Environmental Appeals Board) – Two separate appeals of operating permits granted to Artesian Wastewater Management, Inc. (2020-04) and Allen Harim Foods, LLC (2021-03) for Onlot Wastewater Treatment and Disposal Systems in which partially treated wastewater from Allen Harim’s chicken processing operation in Harbeson, DE would be sent to Artesian for spray irrigation on a number of fields near Milton, DE.  Grounds for challenge relate to failure to comply with numerous regulatory requirements.  Status:  Awaiting hearing on merits.

Delaware Audubon v. DNREC, No. 2017-01 (Delaware Coastal Zone Industrial Control Board) – Challenge to Coastal Zone Act permit authorizing Delaware City Refinery Co. approval for the transfer of ethanol from the Delaware City refinery to other refineries.  After dismissal for lack of standing, the Superior Court reversed and remanded, and after remand, the Board found standing.  Status:  Awaiting hearing on merits.

Recent Results/Efforts

State of Delaware v. BP America, No. 22-1096 (3rd Circuit) (April 2022)- Legal Scholars Amicus Brief on issue of remand of improperly removed action by State of Delaware against oil companies for violations of state laws in connection with climate change.  The Third Circuit affirmed the remand as we had argued.

State of Delaware v. Monsanto, No. 279,2022 (DE Supreme Court) (October 2022)- Legal Scholars Amicus Brief on issue of application of DE public nuisance and trespass law for contamination by PCBs.

Lynda Williams v. DEP, No. 2018-067-C Pennsylvania Environmental Hearing Board) – Appeal of NPDES Permit issued for 8-house subdivision on grounds of failure to comply with regulatory requirements re riparian forest buffers.  3-day evidentiary hearing held in February 2021.  The board ruled that the permit had been improperly issued, and remanded it back to DEP.  

Attorney General Opinion No. No. 2021-IB12 (May 12, 2021) –  Opinion of DE Attorney General Office in connection with a challenge under Delaware FOIA to DE Department of Agriculture’s refusal to produce certain documents in response to FOIA requests.  Violation of FOIA found.

Food & Water Watch v. DEP, 2021 WL 1344772 (Pa. Cmwlth. April 12, 2021) – Decision in cross appeals from final decision of PA Environmental Hearing Board that found Clinic client had standing but rejected challenge that nutrient trading provisions of NPDES permit violated Clean Water Act.  Commonwealth Court affirmed EHB ruling in both aspects.

Keep Our Wells Clean et al. v. DNREC, 243 A.3d 441 (Del. 2021) – Decision in appeal of construction permit issued to Artesian Wastewater Management for spray irrigation facility (related to pending challenge listed above).  Original appeal challenged permit on grounds of failure to perform Hydrogeological Suitability Report (HSR) and Surface Water Assessment Report (SWAR) required under 2014 Regulations for amendment to permit originally issued in 2013.  Decision affirmed Environmental Appeals Board and Superior Court rejection of appeal, though on different grounds. 


In addition, although not litigation, the Clinic recently authored (thanks to a generous grant from the Inland Bays Foundation) a Citizens Guide to Environmental Advocacy in Delaware, a 206-page guide on how to be an effective citizen advocate.  


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