January 15, 2024
The EPA and the Delaware Department of Natural Resources and Environmental Control (DNREC) have entered into an Informal Resolution Agreement following the Title VI complaint filed by the ACLU of Delaware and partners in December 2022. The complaint alleged violations regarding DNREC and Sussex County's failure to provide adequate information, notices, and public participation processes related to a county land use permit application and state environmental permits applications by Bioenergy Development Company (BDC).
In response to the complaint, DNREC has committed to procedural improvements, including appointing an environmental justice coordinator, adopting a new environmental justice policy, and implementing measures to improve accessibility and community engagement in future permitting processes. Despite these changes, the permit for the controversial facility remains approved, leaving impacted communities without protection from potential environmental harm. While the procedural changes are a step forward, they fall short of addressing the urgent environmental and health concerns raised by the complaint.
“We are pleased that the EPA has worked with DNREC to bring them into compliance with federal law for future projects, despite not addressing the harm that the community experienced through the initial permit process,” said ACLU of Delaware Executive Director Mike Brickner. “We look forward to DNREC proactively engaging with community members who have low-English proficiency, and ensuring they have the required due process through the newly established grievance procedures.”
December 22, 2022
The ACLU of Delaware and partners filed a formal Title VI complaint with the EPA regarding violations by the Delaware Department of Natural Resources and Environmental Control (DNREC) and Sussex County, Delaware.
We request that the EPA investigate whether the DNREC and Sussex County are in compliance with Title VI based on the discriminatory effects of their actions and conduct during the review of county and state environmental permit applications. The DNREC and Sussex County failed to provide adequate information, notices, and public participation processes related to a county land use permit application and state environmental permits applications by Bioenergy Development Company (BDC).
The complaint alleges violations of the public's right of access to information as well as to public participation opportunities, and outlines the disproportionate impacts of the state's actions on Latinx, Hispanic, Haitian, Black, and Spanish and/or Haitian Creole-speaking communities. Simply because a member of the public faces racial, socio-economic challenges, or challenges communicating in English, does not mean they are to be left behind. Title VI’s race, color, and national origin protections, federal agency guidances, and EPA regulations are designed to ensure the public’s rights of access to information, to advance notice of projects, and to public participation in projects like the BDC proposal are safeguarded.
CLICK HERE TO DOWNLOAD THE FULL COMPLAINT
Partner organizations include:
