Environmental Appeals Board Remands US Wind Maryland Offshore Wind Project Back to DNREC

Attorney Jane Brady and Sussex County homeowner, Edward Bintz, Tuesday argued before the Environmental Appeals Board (EAB) that DNREC did not follow the regulations related to the US Wind Maryland Offshore Wind Project. The Environmental Appeals Board ruled 5 to 1 to remand the case back to DNREC.

Brady argued that the application submitted by US Wind was not complete and that the analysis done by DNREC was inadequate and did not address those decisions mandated by the regulations. DNREC is now required to issue a new public notice, ensure that US Wind’s application complies with the regulatory requirements and ordered DNREC to comply with all provisions of the regulations.

“I am pleased the Board recognized how important a properly informed public is to environmental regulation, and that the members appreciated how important careful compliance to the regulations, that were so carefully crafted, can be”, said Brady.

Brady is lead counsel in several other matters related to the Maryland Offshore project, including challenges to the beach construction and subaqueous lands permits. Those permits are pending review in the Superior Court and the EAB respectively.

The Board indicated it would issue a formal, written decision in compliance with their rules.