Texaco Refining & Marketing Inc. v. Wilson

The appeal poses the single question of the number of votes required for the Envi*1147ronmental Appeals Board (“Board”) to reverse a decision of the Secretary of the Department of Natural Resources and Environmental Control (“Secretary”). In construing the applicable statute, the Superior Court ruled that four of the seven members were required to vote to override a decision of the Secretary. We agree with this interpretation and affirm.

I

This matter originated in the effort by Texaco Refining and Marketing Inc. (“Texaco”) to secure a temporary emergency variance from certain pollution standards…