The ACLU of Delaware and partners filed a formal Title VI complaint with the EPA regarding violations by the Delaware Department of Natural Resources and Environmental Control (DNREC) and Sussex County, Delaware.

We request that the EPA investigate whether the DNREC and Sussex County are in compliance with Title VI based on the discriminatory effects of their actions and conduct during the review of county and state environmental permit applications. The DNREC and Sussex County failed to provide adequate information, notices, and public participation processes related to a county land use permit application and state environmental permits applications by  Bioenergy Development Company (BDC).

The complaint alleges violations of the public's right of access to information as well as to public participation opportunities, and outlines the disproportionate impacts of the state's actions on Latinx, Hispanic, Haitian, Black, and Spanish and/or Haitian Creole-speaking communities. Simply because a member of the public faces racial, socio-economic challenges, or  challenges communicating in English, does not mean they are to be left behind. Title VI’s race, color, and national origin protections, federal agency guidances, and EPA regulations are  designed to ensure the public’s rights of access to information, to advance notice of projects, and to public participation in projects like the BDC proposal are safeguarded. 


Partner organizations include: