Del. court rejects appeal of Bloom Energy permit

By Randall Chase, Associated Press 7:03pm, August 16, 2013
The Delaware Supreme Court has upheld the rejection of a challenge to a permit for construction of a fuel-cell energy project within Delaware's protected coastal zone.

A three-judge panel ruled Friday that Middletown-area resident John Nichols had no standing to challenge the permit issued to Bloom Energy because he had not shown that he had been injured or that he had a legally protected interest affected by issuance of the permit.

Nichols had argued that state law allows a person "aggrieved" by a decision regarding the Coastal Zone Act to challenge it in court.

But the justices said Nichols lives almost 14 miles from the Bloom Energy site and that his broad concerns about air and water pollution were not enough to establish that he was "aggrieved" under the law.

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