We are not going to sugar coat this - we lost our appeal to the Environmental Appeals Board - but please note that the case was not even heard on its merits. We lost because DNREC argued that the Environmental Appeals Board does not have jurisdiction over decisions like this. More from the News Journal's Molly Murray here. The state argued that we would be able to appeal each and every permit the pipe would need in order to operate. We'd like to point out that the pipe has a permit now to discharge into the Canal, and that isn't working out so good, is it?
