Halloran Farkas + Kittila partner M. Jane Brady recently had a big win in front of the Environmental Appeals Board (“EAB”). Brady represented Appellant, Edward Bintz, and challenged the determination by the Department of Natural Resources and Environmental Control (“DNREC”) to issue a consistency determination related to the US Wind Maryland Offshore Wind Project.

The “consistency” determination was a decision by then-Secretary of DNREC Shawn Garvin that the project was consistent with the state’s statutory and regulatory requirements.

Brady argued that the application submitted by US Wind was not complete, notice to the public was inadequate and that the analysis done by DNREC did not address those issues mandated by the regulations.

The Board agreed, and remanded the matter to DNREC, requiring the agency to issue a new public notice, ensure that US Wind’s application complies with the regulatory requirements, and ordered DNREC to comply with all provisions of the regulations.

“I am pleased the Board recognized how important a properly informed public is to environmental regulation, and that the members appreciated how important careful compliance to the regulations, that were so carefully crafted, can be,” said Brady.

Brady is lead counsel in several other matters related to the Maryland Offshore project, including challenges to the beach construction and subaqueous lands permits. Those permits are pending review in the Superior Court and the EAB respectively.

The Board indicated it would issue a formal, written decision of the consistency ruling in compliance with their rules.