04|01|2008
CBLH Successfully Defends Delaware Before The United States Supreme Court
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On March 31, 2008, the Supreme Court ruled in favor of the State of Delaware and held that energy giant British Petroleum cannot build a proposed liquid natural gas facility extending into Delaware without complying with Delaware’s Coastal Zone Act.
In 2007, Special Master Ralph I. Lancaster recommended to the United States Supreme Court that the State of Delaware be permitted to regulate projects that extend from the New Jersey shore into Delaware territory. In a March 31, 2008 decision, the US Supreme Court substantially upheld the Special Master’s recommendation, and confirmed Delaware’s authority to regulate extraordinary projects built from the New Jersey shore that extend into Delaware land and waters. The decision allows Delaware to block BP’s planned LNG terminal in the Delaware River.
Connolly Bove's successful defense of Delaware's sovereign rights is the latest chapter in Delaware's one hundred plus years of disputes with New Jersey over rights and ownership in the Delaware River.
Connolly Bove attorneys Collins J. Seitz, Jr., Matthew F. Boyer, Max B. Walton and Ryan P. Newell represented the State of Delaware in this original jurisdiction action before the Supreme Court. Connolly Bove was joined by co-counsel David C. Frederick and Scott K. Attaway of Kellogg, Huber, Hansen, Todd, Evans and Figel, P.L.L.C.
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