opinions, everybody's got one...
Saturday, February 05, 2005
Delaware's Coastal Zone Law and Interstate Commerce
A recent ruling under the Delaware Coastal Zone Act to refuse to grant permission to build a liquified natural gas delivery point on the New Jersey side of the Delaware River may hinge upon revisiting the Interstate Commerce Clause of the US Constitution.
Or it could reveal a desire by the federal government to grab control over the ability to make determinations on where liquified natural gas distribution points are located. Such a ruling could be a taking, by the federal government, of control over this controversial topic. And a slippage of state power to the federal government.
The Wilmington News Journal reports on the subject in their article, BP ruling may set stage for battle. This quote from the article is interesting:
"I'm not happy about the decision. I'm resentful of Delaware imposing its very narrow Coastal Zone Act and impacting what is very clearly a New Jersey issue," Burzichelli, a Democrat, said. "Based on a William Penn Border of 250 years ago, we're stymied from introducing new technology in the region to answer energy issues."The border between the States is on the New Jersey shoreline rather than in the deepest part of the channel between New Jersey and Delaware, and the strict development requirements of the Delaware law does permit Delaware a great amount of power over what gets developed on New Jersey's coastline.
I can't say that I'm upset with the result as it stands now, though.
The Delaware Law Office Team Grows
The DeLawOffice team grows with the addition of Anne. Bill is the brains in the backfield, out of this shot. But we will catch him with a camera soon, I hope.
Friday, February 04, 2005
Delaware's Super Bowl: Environmentalists 1, British Petroleum 0
Delaware's Department of Natural Resources and Environmental Control (DNREC) have halted plans for British Petroleum to build a Liquified Natural Gas (LNG) terminal on the New Jersey side of the Delaware River.
In the ruling, Department of Natural Resources and Environmental Control Secretary John A. Hughes said the 2,000-foot pier would violate a 34-year-old state Coastal Zone Act ban on "offshore bulk product transfer" facilities along the Delaware River.
The decision does seem to fit in squarely with the provisions of the Coastal Zone Act that Delaware heralds as one of its finest pieces of environmental protection for the State. An appeal of the decision is expected, and a result against DNREC and the State may be the beginnings of Federal control over the placement of facilities for the delivery of liquified natural gas.
While doing some research on the subject, I came across this site from attorney Tim Reilly: LNG Danger To Our Communities. Some interesting statements and images there.
Thursday, February 03, 2005
Heavyweight Contender Takes His Case to Delaware
While it may not be as exciting as Rocky's run up the steps of the Philadelphia Art Museum, a different kind of boxing match is happenning in Delaware's District Court. Heavyweight contender Vaughn Bean is taking on his former promoter, Wilmington resident Butch Lewis and his company Butch Lewis Productions.
Bean is alleging that Lewis took advantage of him and robbed him of money and chances to fight in higher level bouts. Bean has twice fought for the heavyweight title, losing to both Michael Moorer and Evander Holyfield. Despite the large purses available in a championship bout, Bean ended up broke.
Lewis and BLP Vice President Michael Spinks (a former client of Lewis' and a former heavyweight champ) claim that Bean never trained hard enough for his fights and breached their contract when he fought (and lost to) Vitali Klitschko in 2002.