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Strengthen, don’t gut, the Delaware Coastal Zone Act

Note: a version of this piece was published in the Delaware State News on June 3, 2017.

The Delaware State News has a history of solid coverage of the Delaware Coastal Zone Act.  Not the least was a detailed five-part series by Russ Peterson in which he laid out the history of the Act as he experienced it.  (This might be reprinted if available.)

I was aware of, but not involved in, the controversies in the late 1960s and early 70s that lead to the Act.  Since the early 1990’s Green Delaware has advocated about the Act, and regarding individual permits sought under it.  We have likely disagreed with Delaware’s “environmental community” nearly as often as we’ve disagreed with the Chamber of Commerce, et al.

Much of the near-fifty-years of Coastal Zone controversy has been rather stereotyped — business and union interests claiming damage to the economy, loss of jobs, etc., and environmental interests asserting the need to protect our natural resources and quality of life.  For the most part, the Act has been chipped away at, and enforcement has often been weak.  The last few years have been especially disastrous, with the Markell administration shutting down meaningful enforcement, handing out Coastal Zone permits like so many peanuts, and Delaware courts willfully misinterpreting the plain language of the Act to deny citizens “standing” to demand enforcement.  The present Governor, John Carney, ran on a platform that included weakening of the Act.

The current proposed legislation, House Bill 190, would not leave much left of the Act.  The prime sponsor, Rep. Ed. Osienski, is a retired construction union business agent.

In spite of these problems, the Act has done a lot of good.  Here’s one example:   In about 2004 the Crown Landing liquefied natural gas import terminal was proposed in Logan Township, New Jersey.  If built, if would have disrupted normal traffic on the Delaware River and created serious hazards.  Because part of the facility would have been in Delaware waters, and because it would have been a new “bulk transfer facility,” prohibited in the Delaware Coastal Zone, Delaware was able to say no to Crown Landing.  (Thank John Hughes and Ruth Ann Minner.)  A case about it went to the US Supreme Court.  Now, not so many years later, facilities are being proposed for the export of LNG, including one right on the Northern border of Delaware.  Market conditions change but oil/gas company profits tend to determine public policy….

It’s been a long fifty years, and the activists who originally fought for the Act, many still active in the 1990s, have now mostly retired or passed on.  To many living Delawareans, the Act is history, its benefits perhaps taken for granted, and the need to fight for it less than obvious.  Yet the widespread opposition to SB 190 makes clear that Delawareans as a whole continue to recognize the significance and concrete value of the Act, and don’t want it weakened.

The immediate impetus for the Act was an attempt by Shell Oil to build another refinery in Delaware.  Given the environmental horror show of the existing Delaware City Refinery, the threat posed by another one was easy to see.  The Act served that immediate purpose effectively.

But the Act did a lot more and how this came about is worth considering.  Politics tends to be a pragmatic business, focused on short term goals and problems.  Russ Peterson was a different sort of politician.  Highly educated, a product of the then-progressive political atmosphere of the US Upper Midwest and a former research director for DuPont, he was comfortable with conceptual, big picture, thinking.  He, and many of his supporters, were Republicans.  (Later in life, when the GOP went to pot, he became a Democrat.)  Peterson set up a study group, staffed by a professional scientist.  Their report provided the conceptual basis for the Act.

Science tell us that the places where land meets water are among the most biologically productive, as well as being the most vulnerable to pollution and destructive forms of development.  This biological productivity relies on the preservation of beaches, marshes and wetlands.

Sites along the water have also historically been sought by industrial interests seeking access to cooling water, places to dump wastes, and water-born transport.   They are also sought for recreational uses such as swimming beaches, marinas, surfing, and fishing.  Growing coastal populations have increased all  these pressures.

Coastal locations are a limited resource subject to many competing demands.  Fifty years ago Delaware’s political system was able to recognize these realities and act somewhat effectively with a pioneering “coastal management” law.  Has our collective wisdom so deteriorated that, in the face in increasing demands, we will choose to roll back,rather than strengthen, coastal protections?

The words of the Act are clear and simple.  Read the entire law below:

It is hereby determined that the coastal areas of Delaware are the most critical areas for the future of the State in terms of the quality of life in the State. It is, therefore, the declared public policy of the State to control the location, extent and type of industrial development in Delaware’s coastal areas. In so doing, the State can better protect the natural environment of its bay and coastal areas and safeguard their use primarily for recreation and tourism. Specifically, this chapter seeks to prohibit entirely the construction of new heavy industry in its coastal areas, which industry is determined to be incompatible with the protection of that natural environment in those areas. While it is the declared public policy of the State to encourage the introduction of new industry into Delaware, the protection of the environment, natural beauty and recreation potential of the State is also of great concern. In order to strike the correct balance between these 2 policies, careful planning based on a thorough understanding of Delaware’s potential and the State’s needs is required. Therefore, control of industrial development other than that of heavy industry in the coastal zone of Delaware through a permit system at the state level is called for. It is further determined that offshore bulk product transfer facilities represent a significant danger of pollution to the coastal zone and generate pressure for the construction of industrial plants in the coastal zone, which construction is declared to be against public policy. For these reasons, prohibition against bulk product transfer facilities in the coastal zone is deemed imperative.

This Delaware Act has served as a model for coastal management laws worldwide.

We don’t have to look very hard to see that Delaware is vulnerable.  On the East Coast, we receive a cumulative dose the air pollutants emitted by states to the West.  Most of Delaware’s ground and surface waters are polluted.  As the lowest-lying state, we are uniquely vulnerable to the sea level rise caused by climate change.  Key segments of the economy,such as agriculture, recreation, and tourism are sensitive to changes in weather and climate.   Delaware’s location on the Northeast Corridor, with I-95 passing through,seems to make Delaware vulnerable to imported social problems, contributing greatly, for example, to the high levels of violence in Wilmington.  A few years ago Green Delaware noted that life expectancy in the US had slipped from 24th to 49th, and Delaware is slightly below the middle of the pack.  Many Delawareans are struggling with a our state’s lack of prosperity and economic opportunity.  A state run as a safe harbor for corporate misconduct, a “Company State,” as Ralph Nader put it, faces many conflicts of interest in seeking to improve life for human residents.

Of course, any fifty-year-old law, no matter how wisely conceived, can benefit from review and updating.  Heavy industry has faded in Delaware–and is unlikely to return–while sprawl development has greatly increased, causing increased traffic congestion and a decline in quality of life.   The entire state of Delaware is under the federal Coastal Zone Management program–a program entirely separate, administratively, from the Delaware Coastal Zone Act program and somewhat lacking in teeth.  Consideration might be given to expanding the jurisdiction of the Delaware Coastal Zone act to more of the state, perhaps all of it.  Many other possible upgrades are easy to think on.

An impressive collection of Delaware’s non-governmental organizations are calling on legislators to withdraw SB 190 and set up a “stakeholder” review process to look at the Coastal Zone Act.  Green Delaware supports this, but we note that such a process should (1) not be dominated by industrial/organized labor interests tied to the negative agenda revealed in SB 190,and (2) the focus should not be on weakening the act, but on strengthening it to meet the needs of present times.

Lots of work is needed to make Delaware a place to be proud of.  A beefed-up Coastal Zone Act can play a valuable role.  Green Delaware declines to accept that Delaware residents and legislators are less capable in 2017 than they were in 1970.  Those legislators need to hear from you NOW.

Alan Muller is Executive Director of Green Delaware.

For more on Russ Peterson and the Coastal Zone Act see: “Commentary: Time to think about Delaware’s Peterson, Coastal Zone Act,” and “Russ Peterson, the Delaware Coastal Zone Act, and leadership in Delaware,” also published in the State News.

Legislation would be ripoff for utility customers

This appeared in the Wilmington News Journal on May 22, 2017.


The piece was slightly edited by the newspaper.  The original as submitted is below:


Bad bill serves special interests, rips off utility ratepayers

As Delaware reaches the peak of its political season, there’s no more powerful example of the prevailing special interest chokehold than Senate Bill 80.  This bill would create a new line item charge (“distribution system improvement charge”) on Delmarva Power electric and gas bills, without meaningful opportunities for public review of the additional charges.  Total charges without a “rate case” could amount to $24 million. Continue reading

Action Alert: Another Delmarva Power ripoff in the pipeline

A draft bill circulated by Delmarva Power (Excelon) lobbyists would create a new means for the utility to reach deeper into ratepayers’ pockets with reduced oversight.  The scheme, called a “Distribution System Improvement Charge” would allow millions of dollars to be added to bills without authorization in a formal “rate case,” supposedly to solve a problem that does not exist.

DPL seeks to collect up to $17 million in additional electric charges and $7 million in additional gas charges “between” rate cases. Continue reading

Passing of Jake Kreshtool April 11th. Service April 21.


Jake in December 12, 2012, at a Delaware Audubon Society award event.

Jake Kreshtool passed on April 11th at the age of 98. I just found about this via a call from a relative. Jake was my mentor in environmental activism and other aspects of life. So much to be said about him… labor lawyer, civil liberties activist, naval officer (WW2 vet), longtime head of Delaware Citizens for Clean Air, Democratic candidate for Governor of Delaware, filed the first-ever citizens suit under the Clean Air Act…..

Jake was the dean of Delaware environmentalists and probably the last standing member of the group, the generation, that lead the fight for the Delaware Coastal Zone Act.  He was a longtime supporter of Green Delaware, member of our Steering Committee, generator of creative ideas for getting the message across…..

Jake once ended a speech at the Delaware Nature Society–not my favorite organization–with this, said loudly:  “NEVER BE REASONABLE.”  He knew what he was talking about.

The last time I talked to Jake, a few months ago, he’d bought a bicycle and was considering buying a car.

I’ll write more about Jake when I can get my thoughts and emotions together.

“services will be 12:30 pm, Friday, April 21, 2017 in the Chapel at the Jewish Community Cemetery, 401 Foulk Road, Wilmington, DE 19803. Shiva will be observed approximately 2:30 pm, Friday, April 21 at Adas Kodesch Shel Emeth Synagogue, 4412 Washington Boulevard, Wilmington, DE 19802.”

Below is the obit published in the Wilmington News Journal this morning, April 20, 2017: Continue reading

LETTER TO THE EDITOR: Small’s tenure at DNREC filled with ‘cynical disregard’

This commentary on recently retired DNREC Secretary David Small appeared on April 6, 2017 in the Delaware State News.  Please post your own thoughts on Dave Small, and what should be expected from his successor, Shawn Garvin.

LETTER TO THE EDITOR: Small’s tenure at DNREC filled with ‘cynical disregard’

The March 26 profile of former DNREC official Dave Small [“From reporter to environmental chief”] presented one side. Small has had an impact on Delaware, as does any DNREC secretary, and it makes sense to try to understand what that has been. I was involved with Small from an environmental advocacy perspective since the early 1990s. Continue reading

Green Delaware ACTION ALERT: support Rep. Kowalko’s tax bills

The Markell administration supposedly left Delaware with a “structural” budget deficit approaching $400 million/year.  This does not seem surprising because Markell was essentially a Republican, and Republicans leave behind big deficits due to their habits of reducing taxes on those well able to pay them, while engineering big giveaways to the over-priviledged.

Governor John Carney has proposed a combination of spending cuts, and tax increases.  The income tax increases are even across the board.  Rep. John Kowalko has proposed–various times over the years, actually–to establish two new tax brackets for higher-income residents:

  • Those making more than $125,000 would pay 7.1 percent instead of 6.6 percent.
  • Those making more than $250,000 would pay 7.85 percent instead of 6.6 percent.

Right now the tax brackets top out at 6.6 percent at $60,000.)  Flat tax rates are inherently regressive. Continue reading

Delaware’s new/old leadership: Attack on Coastal Zone promised

Gov. Carney promises attack on the Delaware Coastal Zone Act

Nine years ago two people were contending for the Democratic nomination for Governor of Delaware.  (Then, as since, it was presumed that the Republican candidate would not be competitive, such that the Democratic nomination likely meant the governorship.)  The two Democratic contenders were John Carney, a long-time party warhorse, and Jack Markell, state Treasurer but essentially an interloper in Delaware’s closed politics.

Continue reading

Update: Salem Areva/Le Creusot nuclear scandal

Note on pic: The cooling tower in the background belongs to the Hope Creek 1 reactor. This is a “boiling water reactor,” a somewhat different technology than Salem I and 2, in the foreground, which are “pressurized water reactors.”

At the very end of 2016, Green Delaware reported on a major nuclear power industry scandal.  See the link for the whole story, but to recap briefly:  Areva/Le Creusot Forge, a major supplier of nuclear plant parts–big, vital parts, such as steam generators and reactor vessels–was found to be using defective manufacturing methods and falsifying paperwork.  The factory has been closed down by the French Nuclear Safety Authority.

There are only a few places in the world that can forge the huge steel parts several inches thick that contain the nuclear power genie.  AREVA/Le Creusot  is one of these, and it has had many orders from the US.  The essence of the metallurgical problem is that the parts could contain excessive amounts of carbon which could lead to cracking of the steel and let the nuclear genie out of the bottle.

French regulators have taken this seriously and a number of French reactors have been shut down for thorough inspection.  Defects have been found.  In the US, the Nuclear Regulatory Commission (NRC), the agency that regulates the nuclear industry–and many feel is actually part of the nuclear industry–seems to be taking the problems less seriously. Continue reading

The republic survived Ronald Reagan; help it survive Donald Trump

The first 100 days of a new administration are crucial

Confirmation hearings and votes are in progress.  Every single one of Trump’s cabinet nominees is bad.  Call the offices of Senators Carper and Coons, asking them to do everything possible to oppose Trump’s nominations.

Especially, oppose the nominee for EPA administrator,  Scott Pruitt.   Even Sen. Tom Carper, no friend of the environment, has been critical of Pruitt.
Sen. Carper DC office: (202) 224-2441
Carper state director, Lori James: (302) 573-6291

(Sen. Carper has offices in DC, Wilmington, Dover, and Georgetown.  Consider visiting in person.)
Sen. Coons DC office: (202) 224-5042
Coons state director, Jim Paoli: (302) 573-6345

(Sen. Coons has offices in DC, Wilmington, and Dover.  Consider visiting in person.)

Continue reading

The day of the inauguration of President Trump

Today: Inauguration of Donald Trump as President of the United States. Surely one of the most disturbing, most shameful, most frightening, events in this country in my lifetime.

We can’t react appropriately without seeking to understand the rood causes of this disaster.

A blogger I respect, Erik Hare, recently wrote “…. As we prepare to inaugurate our nation’s second genuine psychopathic president, Andrew Jackson being the first ….”  Many people feel Trump’s behavior is associated with recognized types of mental illness.  At the least, he seems narcissistic and lacking in impulse control.  Or is it all just a reality show? Continue reading