(DOWNLOAD) "Oceanport Industries v. Wilmington Stevedores" by Supreme Court of Delaware " Book PDF Kindle ePub Free
eBook details
- Title: Oceanport Industries v. Wilmington Stevedores
- Author : Supreme Court of Delaware
- Release Date : January 26, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
MOORE, Justice We accepted this interlocutory appeal by Oceanport Industries, Inc. ("Oceanport") from a decision of the Superior
Court, reversing a decision of the Environmental Appeals Board (the "Board" or "EAB"). The Superior Court ruled that, pursuant
to 7 Del.C. §§ 6008(a) and 7210, Wilmington Stevedores, Inc. ("WSI") had standing to appeal the issuance
of environmental permits to Oceanport by the Secretary of the Department of Natural Resources and Environmental Control ("DNREC"
or "Department"). Additionally, the Superior Court remanded the case to the EAB with instructions to remand in turn to the
Secretary of the DNREC for a review of the status of Oceanport's project under the Coastal Zone Act ("CZA"), 7 Del.C. §§
7001-7013. The issue of standing is one of first impression, as is the scope of the EAB's jurisdiction in matters pertaining to the
CZA. We conclude that the Superior Court erred in determining that WSI has an interest that is substantially affected by the
Secretary's decision. With regard to the remand to consider the CZA status decision, the Superior Court confused the application
of the CZA, found in Title 7, Chapter 70, of the Delaware Code, to the issuance of permits granted under the authority of
Chapters 60 and 72. Accordingly, we reverse.
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