Starwood appeal day two, DNREC Secretary defends nix on application

The Coastal Zone Industrial Control Board is currently hearing an appeal from Starwood Digital Venture regarding the Delaware Department of Natural Resources and Environmental Control (DNREC) Secretary Greg Patterson's denial of their data center application. Starwood's legal representative, Jeff Moyer, argued that Secretary Patterson improperly applied terms like "tank farm" and "smokestack" to the data center project, contending that data centers are not specifically regulated or defined under Delaware's 1971 Coastal Zone Act (CZA). Secretary Patterson, however, defended his decision, stating his role is to protect the Delaware coastal zone and reduce environmental impact. He emphasized that while data centers weren't anticipated when the CZA was written, the Act is meant to be applied liberally to protect the area. He referenced legal precedent, Coastal Barge Corp. v. Coastal Zone Indus, to support his interpretation. Patterson classified Starwood's proposed multi-billion dollar data center, the largest ever for Delaware, as heavy industrial use, justifying his denial based on its potential to pollute. The board is expected to hear closing arguments and public comment before rendering a decision.