FOR IMMEDIATE RELEASE

Media Contact:

Tom Driscoll
Communications Director
Socially Responsible Agriculture Project
thomasd@sraproject.org
(202) 230-6612

January 15, 2025

Washington, D.C.—The U.S. Environmental Protection Agency (EPA) entered into an Informal Resolution Agreement (IRA) with the Delaware Department of Natural Resources (DNREC) to address DNREC’s failure to protect the civil rights of Delaware communities in its permitting processes. The IRA concludes an EPA investigation of a 2022 Title VI civil rights complaint filed by Socially Responsible Agriculture Project (SRAP) and its partners Sussex Health and Environmental Network (SHEN), American Civil Liberties Union of Delaware (ACLU-DE), Delaware Poor People’s Campaign (DE-PPC), and Delaware State Conference of Branches of the National Association for the Advancement of Colored People (NAACP-DE). 

The Complaint alleged that DNREC and Sussex County, Delaware, violated the civil rights of the local community by failing to provide adequate information and opportunities for public participation during the permit review process for a composting and factory farm gas facility proposed by Bioenergy Development Company (BDC), ignoring the needs and socioeconomic distinctions of the predominantly Latinx, Haitian, and Black community, and limited English proficient (LEP) individuals. 

The partners alleged that the state and county permit review procedures had discriminatory effects, notably by failing to issue public notices, provide information, and hold public hearings in a manner community members and non-English speakers could reasonably access. 

DNREC ultimately approved the permit for the factory farm gas operation, which is expected to truck 250,000 tons of poultry waste into Seaford annually, exacerbating existing environmental injustices. Instead of adhering to procedural laws designed to protect community rights, the Complaint alleged DNREC and Sussex County did the opposite.

“Access to information and public participation are essential to civil rights,” said SRAP Executive Director Sherri Dugger. “The communities most impacted by industrial livestock production must be heard when factory farm gas operations threaten to further harm their health, environment, and quality of life.”

After the partners filed the Complaint, DNREC revised its permit review program, making several changes recommended by the partners, including appointing its first environmental justice coordinator, adopting an environmental justice policy, implementing an environmental justice screening tool, and offering environmental justice training to staff. Once EPA opened its investigation and offered technical support, DNREC agreed to make additional changes to its program. As part of the IRA, DNREC committed to implement changes to its Grievance Procedures, Language Access Plan, and Employee training, with EPA monitoring. 

These provisions may facilitate better access to process among all Delaware communities, including communities of color and limited English proficiency persons. Additionally, DNREC must report on the implementation of these processes and observed results, including logs of complaints received and requests for written and oral translation, for one year. 

“We are pleased that the EPA has worked with DNREC to bring them into compliance with federal law for future projects, despite not addressing the harm that the community experienced through the initial permit process,” said ACLU of Delaware Executive Director Mike Brickner. “We look forward to DNREC proactively engaging with community members who have low-English proficiency, and ensuring they have the required due process through the newly established grievance procedures.” 

While the IRA may offer some relief for environmental justice communities in the future, EPA and DNREC did not agree to any provisions that would mitigate or rectify the damage done to the local community directly impacted by the BDC facility proposal. EPA and DNREC did not agree to re-open the permit review process, or revoke the permits for their procedural failings. By ignoring the wrongs inflicted on the local community’s public participation rights, the IRA fails to provide an avenue for environmental justice concerns to be considered as part of the BDC permit review process. The IRA constitutes a final agreement between EPA and DNREC on the Title VI Complaint, and EPA rules do not offer the partners an appeal process. 

Local residents and advocacy organizations remain deeply concerned about the health and environmental damage the BDC factory farm gas facility will inflict on the local community in the future.

“Will DNREC’s Environmental Justice staff address the impact of this pseudo-science biogas plant in the affected community? Is this one of their goals?” asked Charito Calvachi-Mateyko, steering committee member, Delaware Poor People’s Campaign. “Who is going to monitor the negative effects of this ill-conceived monster regional biogas plant?”

“While we welcome the systemic changes DNREC has adopted to address environmental justice, the families directly harmed by the original permitting failures have not been made whole, as the facility’s permit was never revisited despite clear violations of their civil rights,” said Maria Payan, co-founder, Sussex Health & Environmental Network. “True justice would require giving the impacted community the relief they deserve and a genuine voice in the process.”

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About SRAP
For more than 20 years, SRAP has served as a mobilizing force to help communities protect themselves from the damages caused by industrial livestock operations and to advocate for a food system built on regenerative practices, justice, democracy, and resilience. Learn more at sraproject.org

About SHEN
SHEN is a coalition of stakeholders in Sussex County working to ensure a clean, healthy environment for current and future generations. Learn more at shen-network.net

About ACLU-DE
ACLU-DE preserves and advances civil liberties and civil rights in the State of Delaware as enshrined in the United States and Delaware Constitutions through education and advocacy without consideration of political association. ACLU-DE is committed to advancing equity in our communities and ensuring the government is responsive, accountable, and transparent to the people of Delaware. Learn more at aclu-de.org

About DE-PPC
DE-PPC is a chapter of the National Poor People’s Campaign: A national Call for Moral Revival, which was founded by Martin Luther King Jr. in 1958. The mission of the DE-PPC is rooted in a moral analysis based on our deepest religious and constitutional values that demand justice for all in Delaware. Learn more at poorpeoplescampaign.org/committee/delaware/

About NAACP-DE
The mission of NAACP-DE is to secure the political, educational, social, and economic equality of rights in order to eliminate race-based discrimination and ensure the health and well-being of all persons. Our vision is to ensure a society in which all individuals have equal rights without discrimination based on race. Learn more at dscbnaacp.wixsite.com/de-state-conf-naacp