AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO APPEALS TO THE ENVIRONMENTAL APPEALS BOARD.

153rd General Assembly (2025-2026) Introduced by Ron Gray and 3 co-sponsors

SB 346 would modify how environmental appeals to Delaware’s Environmental Appeals Board are brought, reviewed, and decided, including standing, timelines, and remedies.

Passed By House. Votes: 41 YES

Bill Overview

SB 346 is a proposed amendment to Title 7 of the Delaware Code that pertains to appeals to the Environmental Appeals Board. The bill, introduced in the 153th Delaware General Assembly, aims to modify how certain environmental appeal processes operate, with the intent of adjusting the procedures, standards, or scope related to appeals in environmental matters.

Purpose and Intent

To amend provisions governing appeals to the Environmental Appeals Board.

Likely aim: refine procedural requirements, clarify standards for review, or adjust timelines and remedies available in environmental appeals. (The bill’s text would specify precise changes; this summary focuses on the overarching purpose inferred from the title and context.)

Key Provisions and Changes (as described by the bill’s focus)

Modifications to Title 7 related to how environmental appeals are brought, heard, or decided.

Potential changes may include:

Establishing or altering petitions for review to the Environmental Appeals Board.
Defining standing or who may appeal decisions.
Adjusting timelines for filing, responses, and decisions.
Clarifying the scope of review (e.g., whether certain agency determinations are appealable, standards of review).
Revisions to the Board’s authority, burden of proof, or remedies available on appeal.

The exact provisions would be detailed in the text of SB 346; this summary notes the areas commonly involved in such amendments.

Who Is Affected

State agencies within Delaware that issue environmental permits, orders, or determinations that may be subject to appeal.

Applicants or permittees seeking relief or review of agency actions.

Potentially nongovernmental organizations, industry participants, and landowners with standing to appeal environmental decisions.

The Environmental Appeals Board itself, which would implement any revised procedures or standards.

Procedural and Timeline Aspects

The bill would modify procedural steps for appeals to the Environmental Appeals Board, including filing timelines, notice requirements, and the process for submitting records or briefs.

It may adjust how quickly the Board must issue decisions or how stays and interim relief are handled during appeals.

Any changes to standing, submission of evidence, or oral argument procedures would affect how appeals are litigated.

Practical Implications

For appellants: potential changes in eligibility, timelines, or standards that could affect prospects for success on appeal.

For agencies: clearer or altered standards for review and possible constraints or expansions of the Board’s authority.

For communities and stakeholders: the evolving framework for challenging environmental agency actions and ensuring compliance with environmental laws.

Timeline

Action History indicates the bill was introduced and assigned to the Environment, Energy & Transportation Committee in the Senate on June 11, 2026.

If advanced, SB 346 will proceed through committee hearings, potential amendments, and floor votes before any final passage and signing into law.

Note: This summary reflects the bill’s stated purpose and typical areas affected by amendments to environmental appeals provisions. The exact text of SB 346 is needed to identify all specific changes, definitions, and numerically quantified provisions.