Sierra Club Citizens Coalition, Inc., Southern New Castle County Alliance, Inc., Below, and v. Tidewater…

Summary

The Court held that the proposed wastewater treatment facility was neither a prohibited heavy-industry use nor a manufacturing use under the Coastal Zone Act because it lacked the defining characteristics of heavy industry and did not produce a commercially distributed product. It also held that the permit was not invalid merely because the facility served as its own environmental offset and certain documents had not yet been filed, because the permit imposed conditions and DNREC had enforcement tools. The Court remanded for the Board to address whether its regulations could independently require a permit and to comply with the requirement that at least a quorum authenticate the Board's final order.