In 2018, with support from the National Sea Grant Law Center, the Delaware Sea Grant College Program worked to develop a framework to expand our program and provide legal analysis on coastal issues. These efforts resulted in the creation of a unique partnership between Delaware Sea Grant and the Environmental and Natural Resources Law Clinic at the Widener University Delaware Law School. Through this partnership, Delaware Sea Grant is able to provide research on legal issues pertaining to the management of our state’s coastal resources. Read the final report on the development of this partnership and see below for an overview of recent collaborative efforts.
Legal Needs Assessment
Right-to-Farm
Ecosystem Marketplace
Coastal Delaware Legal Needs Assessment
Stakeholder-Identified Legal Needs Pertaining to Coastal Issues
Delaware Sea Grant and the Environmental and Natural Resources Law Clinic asked 67 Delaware municipalities, which included both local and county governments, and 10 non-profit organizations about their potential legal needs. Respondents generally agreed that the most pressing need for legal analysis was related to issues associated with water quality, followed by sea level rise adaptation and resiliency planning, and coastal hazards. Respondents preferred legal analysis be provided in the form of a white paper. Individual legal consultations were consistently the least requested format.
To augment the legal needs survey, Delaware Sea Grant collaborated with the Marine Policy program at the University of Delaware to evaluate existing data, such as state and regional plans regarding climate change, to further characterize issues and needs. Preliminary analysis was provided on three questions related to the survey’s top two issues (water quality and sea level rise adaptation and resiliency planning):
What are the legal obligations individuals must comply with under the Delaware Nutrient Management Law?
What are some of the potential permits and requirements local governments should be aware of during the planning phase for green infrastructure projects?
What zoning restrictions can local governments use to limit or prohibit construction in areas susceptible to sea level rise?
Right-to-Farm Legislation
Connection to Aquaculture
For many years, Delaware Sea Grant has played a pivotal role in promoting shellfish aquaculture in our state. Today, the shellfish aquaculture industry in Delaware is beginning to rapidly mature and grow. However, nuisance lawsuits could threaten the nascent industry. To help the state, industry and community prepare for potential problems, Delaware Sea Grant and the Environmental and Natural Resources Law Clinic at the Widener University Delaware Law School:
evaluated existing legal protections, if any, afforded to shellfish aquaculture growers under Delaware “right-to-farm” laws;
compared the regulatory structure that guides aquaculture operations in Delaware to the frameworks established in other states; and
identified opportunities for potential statutory and regulatory changes, should members of the Delaware aquaculture industry and state regulators deem them necessary.
Findings are forthcoming and will be shared through a white paper and a series of one-page fact sheets intended to facilitate productive dialogue between stakeholders.
Development of Ecosystem Marketplaces
Evaluation of Nitrogen, Phosphorous, and Carbon Credits
The Delaware Law School is currently researching the legal framework and potential challenges to setting up marketplaces in the state for trading credits related to ecosystem services, such as nutrient removal from waterways or carbon sequestration.