Supreme Court mulls challenge to air permit for refinery

By Randall Chase, Associated Press

Environmentalists are asking the Delaware Supreme Court to overturn a judge's ruling that two state panels had no jurisdiction to consider their challenge of a state-issued permit for a crude oil transfer station at the Delaware City refinery.

DOVER, Del. (AP) — Environmentalists are asking the Delaware Supreme Court to overturn a judge's ruling that two state panels had no jurisdiction to consider their challenge of a state-issued permit for a crude oil transfer station at the Delaware City refinery.

The Coastal Zone Industrial Control Board determined that environmentalists lacked standing to challenge the permit, while the Environmental Appeals Board said it lacked jurisdiction.

An attorney for the environmentalists argued Wednesday that the coastal zone board had authority to consider the permit, even if it did not directly implicate a Coastal Zone Act permit request or status decision. He also said the EAB has authority to review the granting of an air quality permit.

Attorneys for the state environmental department and the refinery urged the justices to uphold the lower court decision.

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