Delaware
Carney says he wasn’t ‘comfortable’ approving end-of-life options bill; vetoes legislation
Inaction on bill causes Delaware’s terminally ill to suffer
Recently, state lawmakers passed a bill allowing physicians to prescribe life-ending medication to terminally ill patients. Gov. Carney has yet to sign it into law. 9/16/24
Ron Silverio. Heather Block. Chuck Knothe.
These terminally ill Delawareans, all of whom suffered from cancer, wanted the option to die on their own terms. They wanted the choice to self-administer life-ending medication so they and their loved ones wouldn’t be put through the often ugly and frequently painful last few days and weeks of death.
Silverio died on Jan. 7, 2018. Block died two months later, on March 3, 2018. Knothe died this week, on Sept. 16, 2024.
None of them lived long enough to have those options in Delaware. And Gov. John Carney’s veto of House Bill 140 on Friday ensures no other terminally ill First State residents will, either.
CHUCK KNOTHE’S DYING WISH: Facing imminent death, he wanted to go on his terms. Why governor’s inaction prevented that
Carney vetoed the bill commonly known as the Ron Silverio/Heather Block End of Life Options Law, blocking terminally ill Delaware residents with six months or less to live from being able to choose when and how they die. Delaware would have been the 12th state in the country to allow medical aid in dying.
In his veto letter to state lawmakers, Carney said he does not believe there is “firm consensus” on the issue within the medical community.
“Although I understand not everyone shares my views, I am fundamentally and morally opposed to state law enabling someone, even under tragic and painful circumstances, to take their own life,” he wrote. “As I have shared consistently, I am simply not comfortable letting this piece of legislation become law.”
How this legislation made its way to Gov. Carney’s desk
The legislation, which was nearly a decade in the making, was passed in the final days of this year’s session. This iteration of the bill was introduced last year by Rep. Paul Baumbach, with Reps. Eric Morrison, Melissa Minor-Brown and Sen. Bryan Townsend co-sponsoring the bill.
While the Delaware House of Representatives voted in favor in April, the Senate didn’t pass the legislation until June 25. It only narrowly survived an 11-10 vote along party lines.
Much of the debate over the bill echoed that of abortion rights, with some legislators invoking God in their arguments.
“Whether you believe in God or not, whether you’re an atheist or not, He still brought you in, He takes you home,” said Sen. Dave Lawson, a Republican representing Marydel, in late June.
(Democratic Sen. Laura Sturgeon briefly interjected as Lawson spoke, noting that government is supposed to “separate Church and State.”)
BACKGROUND: How a Delaware bill would give terminally ill patients end-of-life options
Others made the “slippery slope” argument that abortion opponents also frequently invoke.
“Once society begins to accept the premise that some lives are not worth living, where does it end?” asked Sen. Brian Pettyjohn, a Republican representing Georgetown.
“We risk normalizing the idea that suicide is an acceptable solution to suffering,” he continued, “which could lead to broader and more dangerous interpretations potentially encompassing those with non-terminal illnesses or mental health concerns.”
But proponents of the bill were quick to point out that the Delaware law is narrowly tailored. It’s also very specific about who is eligible and what safeguards must be in place.
What safeguards were in place?
Had Carney allowed for the passage of the legislation, only Delaware residents would have been permitted to request life-ending medication, unlike some states that do not have a residency requirement.
Residents would have had to make the request for themselves – it could not be done on a person’s behalf. To be eligible, a patient was required to have a terminal illness with a prognosis of less than six months to live.
“An individual cannot qualify for medication to end life under this chapter solely because of the individual’s age or disability,” the bill says, adding that a mental illness is not a qualifying illness.
After eligibility is determined and a person has made an oral request for the medication – which typically induces death in about three hours – patients would have been required to perform numerous additional steps, including:
- Submitting a second, written request that is witnessed by at least two adults (with limitations on who can be a witness)
- Being provided the opportunity to rescind their request
- Undergoing two waiting periods before a physician can prescribe the medication.
According to lobbyist organization Compassion and Choices, even once prescribed the medication, less than two-thirds of patients actually use it.
Additionally, healthcare facilities were allowed to prohibit physicians or Advanced Practice Registered Nurses (APRNs) from prescribing medication as long as they notified all providers and the public of the policy.
Prescribers could have also refused a request for any reason.
Got a story tip or idea? Send to Isabel Hughes at ihughes@delawareonline.com. For all things breaking news, follow her on X at @izzihughes_
Tatnall’s Gavin Leffler wins 3,200 at indoor state meet
With a 28-second last lap, Tatnall’s Gavin Leffler won the boys 3,200 at the Delaware indoor track and field state meet in 9:28.10.
Since the start of 2025, Delaware boys track and field athletes have set 11 state records between the indoor and outdoor seasons.
After a winter season in which 17 performances reached the top five on the state all-time list, Delaware appears poised for another strong spring.
Our list of track and field athletes to watch (presented alphabetically) features athletes from 24 schools who compete in sprints, distance races, throws and jumps. They are the athletes we expect to be among the state’s leaders at the DIAA Championships at Dover High on May 15-16 although many new names could emerge by then.
After defending its indoor track and field state title, Middletown is in search of its second straight Division I championship. Saint Mark’s enters the season as the Division II winner in three of the past four seasons.
2026 Delaware boys track and field athletes to watch
Elijah Annan, sr., Dover
Jason Baker, sr., Cape Henlopen
Derick Belle, sr., Odessa
Suhayl Benson, jr., Howard
Shaun Bosman, sr., Christiana
Elijah Burke, sr., Saint Mark’s
Khalid Burton, sr., Laurel
Isaiah Charles, jr., Caravel
Chukwuma Chukwuocha, jr., Wilmington Friends
Timothy Claessens, jr., Newark Charter
Rodney Coker, so., Odessa
Jaheim Cole, sr., Dover
Josh Cox, sr., Archmere
Calvin Davis, fr., A.I. du Pont
James Dempsey, jr., Salesianum
Will DiPaolo, sr., Cape Henlopen
Logan Elmore, jr., Middletown
Dahani Everett, sr., Caesar Rodney
Jayden Feaster, sr., Middletown
Gabe Harris, sr., Caesar Rodney
Phoenix Henriquez, sr., Smyrna
Christian Jenerette, sr., Odessa
Brandon Jervey, jr., Middletown
Mekhi Jimperson, sr., Caesar Rodney
Benjamin Johnson, jr., Dickinson
Michka Johnson, sr., Hodgson
Trey Johnson, sr., Cape Henlopen
Amir Jones-Branch, sr., Middletown
Alec Jurgaitis, sr., Saint Mark’s
Gavin Leffler, sr., Tatnall
Elijah MacFarlane, sr., Caesar Rodney
Max Martire, sr., Tatnall
Dylan McCarthy, sr., Tatnall
Chase Mellen, so., Salesianum
Zamir Miller, sr., Middletown
Ryan Moody, sr., Sussex Academy
Wayne Roberts, jr., Appoquinimink
Elijah Tackett, sr., Dover
Kai Thornton, sr., Sussex Central
Marc Patterson, sr., Dover
Charles Prosser, so., Salesianum
Riley Robinson, fr., Middletown
Roan Samuels, sr., Salesianum
Douglas Simpson, jr., Cape Henlopen
Jessie Standard, jr., Middletown
Riley Stazzone, sr., Cape Henlopen
Jamar Taylor, jr., Salesianum
Jordan Welch, sr., Sussex Tech
Brandon Williams, sr., Charter of Wilmington
Xzavier Yarborough, jr., Dover
Brandon Holveck reports on high school sports for The News Journal. Contact him at bholveck@delawareonline.com.
What is a data center? Here’s what you should know
Data centers have been popping up all over Arizona. The massive sites have drawn economic praise and resident criticism. Here’s what you need to know.
Project Washington’s prospects in Delaware appear murkier after a board stood on the state environmental agency’s decision to prohibit the data center proposal.
The public hearings with the Coastal Zone Industrial Control Board kicked off in Dover on March 24 at the Delaware Department of Natural Resources and Environmental Control’s Auditorium near Legislative Hall. It finished on March 26 after days of testimony from witnesses supporting and opposing the DNREC decision on the data center, which would be the largest in the state.
Project Washington was prohibited by DNREC in February because the agency said it violated the Coastal Zone Act, which was signed in 1971. Project Washington’s developer, Starwood Digital Ventures, filed an appeal of that decision soon after.
A little more than 30 people attended the meeting on March 24. It was modeled more like a court hearing than a public government meeting. The next two days included testimony from witnesses from both Starwood Digital Ventures’ and DNREC’s attorneys.
The Coastal Zone board consists of nine members, five of which are appointed by the governor and approved by the state Senate. Four other members are the state director of the Division of Small Business and Tourism and the chairs of the planning commissions of each county.
It’s the first time this assembly of the board has been called to action. Board members said they are making decisions on a fact and law basis, and are trying to cut out the noise this project has caused on social media and in other public meetings.
Witnesses and experts explained a ton of technical definitions for generators and got into the nitty-gritty of emissions and infrastructure. It was up to the board to take those facts in stride and make their decision.
“What we have to do is come back to the purpose of the appeal,” said Willie Scott, a member of the board during a break between sessions on March 24.
They voted unanimously to uphold the DNREC decision to prohibit the project based on the Coastal Zone Act.
Courtroom-like arguments for and against the data center
The hearing on March 24 began with opening arguments. Attorneys for Starwood Digital Ventures, Project Washington’s developer, argued that Project Washington’s purpose and infrastructure fall outside of the Coastal Zone Act’s regulations, and that DNREC’s definitions of smokestacks and tank farms are flawed.
“It fails every element of the statutory definition, as interpreted by the Delaware Supreme Court and the Delaware Superior Court,” said Jeff Moyer, an attorney representing Starwood. “Its limited diesel infrastructure is not a tank farm within any reasonable meaning of that term, and each of the core three functions of Project Washington – data storage, electrical infrastructure and backup power – are all expressly not regulated.”
DNREC’s attorneys argued the data center campuses fall under heavy industry in a modern context, and it is the kind of project the act is intended to kill. They also argued it has a potential to pollute when backup generators are working if the power fails.
“The law requires that it be prohibited, not recharacterized, not broken into pieces and minimized, but prohibited,” said Michael Hoffman, attorney representing DNREC. “Over the course of the next few days, we will show that Starwood’s proposed hyperscale data center is one such project.”
Closing arguments on March 26 reiterated arguments from both sides, and the board voted to stand with DNREC.
How Project Washington and DNREC got here
The Coastal Zone Act prevents heavy industrial projects from developing along the Delaware River and Bay, Chesapeake and Delaware Canal, Atlantic Ocean, Indian River Bay and other Sussex County bays. The 14 projects that have been grandfathered include the Delaware City Refinery and the Port of Wilmington.
Project Washington’s proposed site falls within the defined coastal zone, which extends west to Dupont Highway in that specific spot. In February, DNREC said the massive data center is prohibited, stifling the project while it worked through state and county permits.
It would be 11 two-story data center buildings surrounded by electrical fields on two large land parcels north of Delaware City accessible by Hamburg Road, Governor Lea Road and River Road.
DNREC’s beef with the project is in the backup generators and their accompanying diesel tanks. The data center is proposed to run 24 hours a day, seven days a week, 365 days a year. If power goes out, it needs to use the backup generators to keep running. DNREC’s decision says the project includes some 516 double-walled diesel fuel belly tanks, each capable of storing some 5,020 gallons of fuel. That’s about five acres of tank farm.
There would be 516 backup generators with 516 smokestacks, which DNREC said in its original decision is the exact type of infrastructure the Coastal Zone Act targets by prohibiting “heavy industrial” projects.
Starwood Digital Ventures, appealed the decision, mentioning countervailing factors including avoiding wetlands, no direct surface water discharges and projected economic benefits.
Their appeal said the original DNREC decision “solely focuses on alleged environmental risk and worst-case emissions, and does not fairly weigh or explain these countervailing factors in light of regulating criteria.”
Jim Lamb, who is handling media communication for the project, said the backup generators would only run 37 to 45 minutes per month just to test if they are operational. Project Washington will also use a closed-loop cooling system, limiting its water intake.
The appeal required a hearing, which is the first time the board made a decision since 2021.
The developer of the project did not immediately respond to Delaware Online/The News Journal’s request for comment. New Castle County officials did not immediately respond to either.
Shane Brennan covers Wilmington and other Delaware issues. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com.
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