IN THE SUPREME COURT OF THE STATE OF DELAWARE
SIERRA CLUB and §
DELAWARE AUDUBON, §
§ No. 216, 2015
Appellants Below-Appellants, §
§ Court Below: Superior Court
v. § of the State of Delaware,
§ in and for New Castle County
DELAWARE DEPARTMENT OF § No. N13A-09-001 ALR and
NATURAL RESOURCES AND § No. N14A-05-002 ALR
ENVIRONMENTAL CONTROL and §
DELAWARE CITY REFINING §
COMPANY, LLC, §
§
Appellees Below-Appellees. §
Submitted: November 4, 2015
Decided: November 5, 2015
Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.
ORDER
This 5th day of November 2015, having considered this matter on the briefs filed
by the parties and after oral argument, we find it evident that the judgment of the
Superior Court should be affirmed on the basis of and for the reasons assigned in its
March 31, 2015 decision, which affirmed the Environmental Appeals Board’s and the
State Coastal Zone Industrial Control Board’s dismissals of a challenge to the Delaware
Department of Natural Resources and Environmental Control Secretary’s grant of an air
permit amendment.1
1
Sierra Club v. Delaware Dep’t of Nat. Res. & Envtl. Control, Nos. N13A-09-001 ALR &
N14A-05-002 ALR (Del. Super. Mar. 31, 2015). A sentence on page 14 of the Superior Court’s
opinion could be read to suggest that the State Coastal Zone Industrial Control Board predicated
its decision on exactly the same grounds as the Superior Court. Although the State Coastal Zone
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is
AFFIRMED.
BY THE COURT:
/s/ Leo E. Strine, Jr.
Chief Justice
Industrial Control Board did not do so, the Superior Court’s legal reasoning was correct and we
affirm its judgment on that basis.
2