An Open Letter in Support of DNREC Coastal Zone Act Decision

Delaware Data Center Coalition for Local, Environmental, and Accountable Regulation (DE-CLEAR) writes to applaud DNREC’s recent decision under the Coastal Zone Act (CZA) regarding the proposed Project Washington hyperscale data center campus, confirming that the project is prohibited from development in the Coastal Zone. This decision represents a careful, lawful, and evidence-based application of Delaware’s environmental protections. This is a clear and resounding win for public interest.

Delaware’s CZA exists to safeguard vulnerable ecosystems from heavy industrial uses that pose long-term environmental and public health risks. DNREC’s determination that this proposal constituted a prohibited use within the Coastal Zone reflects both the letter and the spirit of that law. The scale of fuel storage and diesel generator infrastructure proposed, a combined 5 acres of tank farm equipment,  would have introduced significant potential risks with air pollution, water contamination, and industrial hazards in an area explicitly protected from such development.
This outcome is favorable for Delaware residents because it prioritizes clean air, clean water, and public safety over massive industrial expansion. It affirms that large infrastructure projects, especially with this unprecedented scale, cannot simply bypass longstanding environmental safeguards. Protecting the Coastal Zone protects our nearby neighborhoods, our communities, and future generations who rely on the bounty of our shared natural areas. 

We wish to commend DNREC staff and Secretary Patterson for their thorough analysis and willingness to apply the law as written. Transparent regulatory decision-making is essential to public trust, and this process demonstrates the utmost professionalism and commitment to the public good. This decision also reflects an important principle of reciprocity: the natural spaces that sustain our communities deserve our care and protection in return. By upholding the CZA, DNREC has honored the public’s shared responsibility to safeguard these resources.

To be clear, this decision does not oppose innovation or economic development for Delaware in any way; rather, it underscores that development must occur in appropriate locations, with reasonable guardrails, and in compliance with existing law. Delaware can and should pursue carefully planned growth that balances economic advantages with long-term community well-being and environmental responsibility. This proposal demonstrably fails to strike that balance, sacrificing enduring public and environmental health for short-lived private gains.

We thank DNREC for its leadership and encourage continued vigilance in protecting the Coastal Zone. This decision will likely help reinforce appropriate siting for other proposed data center projects as well, as it sends a clear message: Delaware’s environmental protections matter, and they will be enforced for the benefit of all.

Signed,

Delaware Data Center Coalition for Local, Environmental, and Accountable Regulation (DE-CLEAR)

The Delaware Data Center Coalition for Local, Environmental, and Accountable Regulation (DE-CLEAR) represents thousands of residents with members from organizations including the Sierra Club Delaware Chapter, Citizens Alliance for Responsible Land Use, Autism Delaware, Claymont Coalition For Environmental Justice, RADAR, Delaware Working Families Power, Citizens Against Jamison Corners Warehouses, Sunrise Newark, Yorklyn Community Association, Peoples Advocacy and Research, Delaware Audubon, Mid Atlantic Alliance of Climate and Health (MAACH), DE Coalition for Open Government (DelCOG), Civic League of New Castle County, League of Women Voters of Delaware, and more.

Quotes from Members:

“This is a monumental win for the environment and for the hundreds of residents who would have been forced to live next to this massive new heavy industrial use,” said Dustyn Thompson, Chapter Director for the Sierra Club Delaware Chapter. “It is beyond comprehension to think that this project would have similar emissions as our three largest gas plants combined and not be classified as a heavy industrial operation. Or that we could have over 5 acres of fuel tanks storing nearly 3 million gallons of diesel fuel, and it would not be classified as a tank farm under the law. The law is clear: industries with the potential to pollute our coastal zone must be sited responsibly. We applaud the Department and the administration for standing up for our environment and our communities and ensuring that neither bears the brunt of this new heavy industry. This is likely just a first step, as we know the decision will certainly be appealed, but it is a win for Delaware families and for the sensitive ecosystems of our precious coastal areas. This project can be done responsibly. Hopefully, the applicants will choose a more sustainable path forward, rather than costing Delaware families money with frivolous lawsuits.”

 

Link to the Status Decision report from the Secretary of DNREC: https://documents.dnrec.delaware.gov/Admin/Public-Notices/CCE20260043/Status-Decision.pdf?fbclid=IwY2xjawPwJcFleHRuA2FlbQIxMABicmlkETFnSGRheDROaUZlVzNzUElNc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHv-WC8ToXgdzrW0AJoMTJN2mCU18DSXKtX3EGUBupMZX49Dl7CB-Od-PcmRj_aem_XyZJp7f45KjxoYElL_rG9g