The Delaware Chapter of the Sierra Club, along with Citizens Coalition and Southern New Castle County Alliance has appealed the October 27, 2011 decision by the Delaware Superior Court for a decision pertaining to a permit issued by the Coastal Zone Industrial Control Board under the Coastal Zone Act. 

 

The appeal asserts that:

1)      the Superior Court erred as a matter of law when it found that the September 24, 2010 oral vote, and not a written final decision signed by at least five members of the Coastal Zone Industrial Control Board, satisfied the requirements of the Coastal Zone Act. 

2)      the permit did not include offsets for negative environmental impacts, which are required under a Coastal Zone Permit. 

3)      the Superior Court erred when it designated the wastewater treatment facility in the permit was not a heavy industry use, which is prohibited under the Coastal Zone Act.

 

After an exchange of legal briefs, oral arguments will be heard on May 16 at 12:20 pm in the Delaware Supreme Court, 55 The Green, Dover, DE 19901.  Sierra Club members and interested members of the public are encouraged to attend.

 

 

The Delaware Supreme Court is the highest court in the State of Delaware.  The Court hears oral argument in about 30% of its cases. Before a case is argued, the justices will have read the briefs and appendices filed with the Clerk of the Supreme Court. These documents set forth the parties' respective positions and assist the justices in deciding the case. Oral argument is the only opportunity the justices have to question, in person, the attorneys representing litigants about issues raised in their briefs.

 

After Oral Argument the justices hold a conference on each case. Once an opinion is completed and approved by a majority of the justices, it is filed with the Clerk of the Supreme Court or a deputy clerk. The attorneys are notified and the opinion is released to the public.