See How Delaware is Addressing Environmental Justice

Environmental Justice Definitions

The Delaware Department of Natural Resources and Environmental Control (DNREC) defines environmental justice as “ … seek[ing] equity for minority and low-income communities that may be disproportionately exposed – and vulnerable – to adverse environmental impacts. Simply put, practicing environmental justice ensures that everyone has an equal seat at the table where decisions are made.”

Environmental Justice Mapping Tools

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Environmental Justice as a Policy of the Environmental Agency or Across All Agencies

N/A

Consideration of Environmental Justice in Permitting

N/A

Consideration of Environmental Justice in Enforcement

N/A

Consideration of Environmental Justice in Land Use

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State Environmental Policy Act “Mini-NEPA”

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Dedicated Funding to Environmental Justice Communities

There is a Community Environmental Project Fund (CEPF) that “provides money to support the restoration of the environment in communities that were damaged by environmental pollution.” The awards are determined by DNREC with input from CIAC. The projects must either mitigate pollution, enhance the environment, or create recreational opportunities.

Although DNREC has a section of its website dedicated to environmental justice, many of the programs are old and do not seem to be updated regularly. Further, many of the links within the environmental justice page link to other funds or councils that, although good, do not focus on or consider environmental justice in their work.

Consideration of Cumulative Impacts

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Prohibitions on Disparate Impact Discrimination

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Established Environmental Rights

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Environmental Justice as Part of Environmental Agency’s Mission

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Environmental Justice as Part of Other Agency’s Mission

A 2019 report mentions that the Delaware Department of Transportation (DelDOT) will follow all federal guidance on environmental justice in its public participation efforts and according to Title VI. DelDOT’s Title VI coordinator is:

Wendy B. Henry
CPPO – Title VI Coordinator
800 Bay Road
Dover, DE 19901
302-760-2555

For the Delaware Transit Corporation, a Title VI complaint (available in both English and Spanish) may be submitted to:

Customer Relations/Title VI
Delaware Transit Corporation
119 Lower Beech Street, Suite 100
Wilmington, DE 19805
Phone: 800-652-3278 option 2

www.dartfirststate.com

Processes and Procedures (including Title VI)

Non-Discrimination Policy

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Grievance Procedures

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Enhanced Public Participation and Information Access

There is a Delaware Environmental Justice Community Partnership (DEJCP) which is a public-private consortium of groups working together to prevent, reduce, and eliminate environmental and social injustices. They also run the Community Housing Empowerment Connection (CHEC).

Language Access

There are four factors that a Delaware agency must determine when deciding whether to invest in translation of materials for LEP persons. (1) The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or recipient. (2) The frequency with which LEP persons come into contact with the program. (3) The nature and importance of the program, activity, or service provided by the program to people’s lives. (4) The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach.

Although a 2016 report from the Delaware State Housing Authority (DHSA) identified weaknesses in translation services and non-intuitive websites for Limited English Proficiency (LEP) persons and recommended an update to the website, the website is still difficult to access for LEP persons. Once someone finds the translate link at the bottom of the webpage there are 8 languages available.

The Delaware Judiciary also has a Language Access Plan.

Consultation with Indigenous Communities and Tribal Nations

N/A

Governmental Environmental Justice Structures, Positions, and Funding Streams

Environmental Justice Coordinating Agency

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Environmental Justice Coordinator

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Environmental Justice Advisory Board

DNREC has a Community Involvement Advisory Council (CIAC) established by 29 Del. C. § 8016A. The council works to increase community participation and the flow of information between communities and the DNREC. They serve in an advisory capacity to the secretary of the department. The council may be contacted via:

Lisa Myura
Administrative Assistant
DNREC Office of Community Services
23530 Campbell Circle
Georgetown, DE 19947
302-739-9401

There is also a Community Ombudsman who serves as lead staff for CIAC. This person serves as an advocate and liaison for communities and helps them to gather information about the environment and other departmental programs. Currently the Community Ombudsman is:

James Brunswick
Community Ombudsman
391 Lukens Dr.
New Castle, DE 19720
302-739-9040

Lastly, persons who are “substantially affected by any action of the Secretary” (of DNREC) may file an appeal to the Environmental Appeals Board. The Board is made up of seven Delaware residents (appointed by the governor). Persons may then appeal decisions by the Board to the Delaware Superior Court.

Funding for Environmental Justice