Delaware Riverkeeper, et. al. v. State of Delaware
Delaware Denies Necessary Permit as a result of DRN’s Writ of Mandamus Petition
On December 15, 2008, DRN filed a Petition for a Writ of Mandamus to the Superior Court, New Castle County, Delaware, to command the Secretary of DNREC to act upon the Army Corps’ application for Delaware subaqueous lands and wetlands permits. On July 23, 2009, in the midst of pre-hearing briefing, DNREC issued a decision, denying the permit requests based on significant changes proposed to the project and the outdated information the ACOE relied upon in its economic and environmental assessments. On the basis of this action, DRN withdrew its petition. DNREC’s action, resulting in a permit denial, was a direct result of DRN’s litigation.