Governor Carney’s Statement on Senate Confirmations to the Delaware Supreme Court

DOVER, Del. – Governor John Carney on Wednesday issued the following statement on the confirmations of Judge Abigail LeGrow and N. Chris Griffiths to serve as Justices on the Delaware Supreme Court:

“Thank you to the members of the Delaware Senate for their votes to confirm Judge LeGrow and Chris Griffiths to serve as Justices on the Delaware Supreme Court. Judge LeGrow and Chris have the experience, knowledge, and commitment to public service necessary to serve on the Supreme Court. Their service will be beneficial to all Delawareans. I want to thank these two qualified nominees and their families for their willingness to serve the people of the State of Delaware.”

Governor Carney’s Statement on the Retirement of Supreme Court Justice Randy J. Holland

Holland is the longest serving Justice in Delaware history

WILMINGTON, Del. – Governor John Carney received formal notice on Thursday that the Honorable Justice Randy J. Holland will retire from the Delaware Supreme Court at the end of March. Governor Carney issued the following statement:

“Justice Holland has been a model jurist and a steady source of wisdom on Delaware’s Supreme Court for more than 30 years. His thoughtfulness and deep knowledge of Delaware history and the Delaware Constitution will be missed. We should all thank Justice Holland for his service to the people of Delaware and to our great judiciary.”

Justice Randy J. Holland became the youngest person to serve on the Delaware Supreme Court when he was nominated by Governor Michael Castle in 1986 and confirmed by the Delaware Senate. He was re-appointed twice to additional 12-year terms, by Governor Thomas R. Carper and most recently in 2011 by Governor Jack Markell. In 2009, he became the longest serving Justice in Delaware history.

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Attorney General Will Not Appeal To U.S. Supreme Court On Death Penalty

Delaware DOJ Will Argue State Court Decision Is Not Retroactive.

After carefully reviewing the Delaware Supreme Court’s opinion regarding the constitutionality of Delaware’s current death penalty statute, the Attorney General has decided not to appeal the decision to the United States Supreme Court. He has concluded that even if the United States Supreme Court reversed the opinion on Federal Constitutional grounds, that the Delaware Supreme Court would ultimately invalidate Delaware’s current death penalty statute based on the Constitution of the State of Delaware. The Delaware Supreme Court has repeatedly stated that the Delaware Constitution provides rights to a jury trial that are independent of and in some instances more expansive than those provided by the Sixth Amendment to the United States Constitution. Litigating and appealing these issues – a process that would likely take years before issues of both federal and state constitutional law were resolved — would likely not only bring about the same result, but would also deny the families of victims sentencing finality.

While the application of the Delaware Supreme Court’s opinion to sentences already imposed will undoubtedly be litigated in Delaware courts, the Delaware Department of Justice does not believe that the Delaware Supreme Court’s opinion applies retroactively.

The Attorney General has stated repeatedly over the past two years that he would support an amendment – which would require passage by the General Assembly and approval of the Governor – to Delaware’s death penalty statute that would require a unanimous jury verdict in order to impose a death sentence, and he stands by that position.

Supreme Court restores federal regulation of interstate air pollution

Wilmington – Today the U.S. Supreme Court upheld an Environmental Protection Agency regulation aimed at reducing power plant emissions of dangerous air pollution that cross state lines and harm the health of residents in “downwind” states.

“The health of all Delawareans is threatened by harmful pollution produced in other states and carried here by wind currents,” Attorney General Beau Biden said. “The EPA acted responsibly in 2011 to reduce those emissions and I applaud the nation’s highest court for ruling today that the agency acted within its authority to do so.”

In 2011, the EPA determined that air pollution from more than two dozen primarily East Coast states contribute significantly to downwind states’ inability to comply with federal air quality standards. As a result, it promulgated the Cross-State Air Pollution Rule (CSAPR), which required significant reductions in airborne pollutants emitted by those states, including nitrogen oxides, sulfur dioxide, precursor pollutants of ozone and other fine particulates.

In August, 2012, a three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit struck down the CSAPR. In October of that year, the EPA filed an appeal of the August, 2012 decision, seeking a re-hearing of the case before the entire panel in the U.S. Appeals Court for the District of Columbia. Delaware, 8 other states, and several major cities intervened in support of the EPA. Read the October, 2012 release announcing Delaware’s action. After the EPA’s request for rehearing was denied, the EPA took its case to the U.S. Supreme Court, which held oral arguments late last year.

Today’s Supreme Court opinion is attached.

EPA v. EME Homer opinion

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Governor Markell Statement on Supreme Court Ruling on Air Pollution

Wilmington, DE – Governor Markell applauded today’s Supreme Court ruling that upheld the Environmental Protection Agency’s authority to regulate cross-state air pollution from coal-fired power plants. The Governor has helped lead an effort by Eastern states to petition the EPA to require that Midwestern states reduce emissions that are blown across state lines.

“Today’s Supreme Court decision represents another important step to combat the dirty air pollution that enters Delaware from other states, which unfairly harms the health of our people and our economy,” said Markell.

“Through efforts to clean up power plants and work with every industrial facility in Delaware, we have seen huge reductions in air pollution produced by our state, especially over the past five years. However, more than 90% of our dirty pollution comes from out-of-state sources, and the impact often results in air that does not meet healthy standards. Despite this, new facilities in our state are required to meet much more stringent regulatory requirements than facilities in the very states that are causing our air quality violations.

“We continue to be committed to doing everything we can to reduce harmful emissions in our state, but we also demand a level playing field and today’s ruling brings us closer to that goal.”