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Judge won’t toss suit over Delaware court political balance

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Judge won’t toss suit over Delaware court political balance


DOVER, Del. (AP) — A federal choose has refused to dismiss a lawsuit towards Democratic Gov. John Carney over Delaware’s requirement for political stability on its courts.

Friday’s ruling is the most recent in a long-running authorized battle over a “major-party” provision in Delaware’s structure underneath which judicial appointments to the state’s three highest courts are break up between Republicans and Democrats.

The Supreme Court docket, Court docket of Chancery and Superior Court docket are topic to a separate “naked majority” provision that additionally applies to Household Court docket and the Court docket of Frequent Pleas. That provision says not more than a naked majority of judges on these courts might be affiliated with a single political celebration.

The results of the major-party provision is that any particular person not affiliated with both the Republican or Democratic Occasion is unable serve on the Supreme Court docket, Superior Court docket or Court docket of Chancery.

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Wilmington lawyer James Adams, a former Democrat who’s now an unaffiliated voter, claims that the availability violates his First and Fourteenth Modification rights by barring him from being thought-about for a judgeship on the Superior Court docket, a place for which he has twice utilized and been rejected.

Choose Maryellen Noreika dominated Friday that Adams had authorized standing to problem the major-party provision and denied the governor’s movement to dismiss the lawsuit.

The ruling got here in a lawsuit filed by Adams in 2020 on the identical day the U.S. Supreme Court docket mentioned he didn’t have standing to deliver a previous problem as a result of he had by no means utilized for a judgeship or demonstrated that he was “in a position and prepared” to use for one.

The Supreme Court docket as an alternative steered {that a} lawsuit Adams filed in 2017 concerned “an summary, generalized grievance” as an alternative of an precise need to grow to be a choose. The justices additionally famous that earlier than submitting that lawsuit, Adams had switched his celebration affiliation to “unaffiliated” and his bar membership standing from “emeritus” to “energetic.”

The Supreme Court docket ruling got here after a federal appeals court docket upheld a 2018 district choose’s dedication that the major-party provision violates the First Modification by limiting authorities employment based mostly on political affiliation.

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In contrast to his first lawsuit, the present grievance consists of particulars of Adams’ preparation and readiness to use for a judgeship. It additionally notes that he has utilized unsuccessfully a number of occasions since 2017 for spots on the Superior Court docket or the Court docket of Frequent Pleas.

Attorneys for Carney nonetheless maintained that Adams nonetheless lacked standing, has not been injured and isn’t sincerely eager about turning into a choose. In addition they argued that he’s prohibited from establishing standing within the current case as a result of the Supreme Court docket decided that he didn’t have standing within the earlier case. Noreika rejected that argument, noting Friday that the present lawsuit consists of new info that weren’t current in 2017.

“In the end, the report earlier than the court docket means that plaintiff’s curiosity in turning into a choose has developed into one thing tangible and honest,” Noreika wrote. “As a politically unaffiliated voter eager about turning into a choose, plaintiff is barred from sure judgeships by advantage of the key political celebration provision and he’s, subsequently, injured by that provision.”



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Delaware

Two $1 million Powerball prizes among big Delaware Lottery winners in 2024

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Two  million Powerball prizes among big Delaware Lottery winners in 2024


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So, you didn’t win the Mega Millions jackpot worth $1.269 billion on Friday, Dec. 27. Take heart: No one in Delaware has ever won a Mega Millions jackpot.

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However, these Delaware Lottery prizes of $50,000 or more were claimed in 2024.

Among the winners:

  • Two Powerball prizes worth $1 million
  • Seven instant game, or scratch-off, prizes worth $300,000 each
  • Four $50,000 prizes in Play 5, the drawing game that launched in Delaware in August
  • A group of 34 co-workers in Lewes who won $50,000 in Powerball



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Indian River Power Plant to shut down two years ahead of schedule. Here are the details

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Indian River Power Plant to shut down two years ahead of schedule. Here are the details


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The only operational unit of Delaware’s sole coal-fired power plant will shut down in February, nearly two years ahead of schedule.

Indian River Unit 4 near Dagsboro originally was scheduled to shut down in 2026 while electrical grids were upgraded to ensure reliability, but regional grid manager PJM announced on Monday, Dec. 23, that the power plant’s unit can shut down 22 months early without causing adverse impacts on the grid’s reliability.

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The company has stated that this early shutdown will save consumers nearly $100 million and will soon make Delaware the sixth state in the country with no coal-fired power plants in operation.

Here are the details.

Why is the plant shutting down?

The Indian River station, located near Dagsboro, is Delaware’s only remaining coal-fired power plant and one of the state’s top air polluters. It consists of four units, three of which have been retired for at least 11 years.

PJM announced on Monday, Dec. 23, that the Indian River Unit 4, which is owned by NRG, could retire by February 2025, two years ahead of its scheduled deactivation date.

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Delmarva Power, which owns the transmission lines in the region, has reportedly completed the required transmission upgrades that would enable the power plant to shut down without negatively impacting electrical reliability. PJM says this shutdown will save wholesale electricity customers around $93 million.

As of Wednesday, Dec. 18, Delmarva Power completed its final stage of transmission upgrades that would allow the power plant unit to shut down.

“Delmarva’s good work to complete this project far ahead of schedule is a win for our customers, both from a reliability and affordability perspective,” said Mike Bryson, senior vice president – operations at PJM. “PJM regards RMR arrangements as a last resort to keep units temporarily operational to maintain system reliability while we make transmission improvements to balance the system, so the sooner we can get the work done, the better.”

In June of 2021, NRG notified PJM of its intent to shut down the unit in 2022, but after PJM conducted a reliability analysis, it was concluded that this shutdown date would cause adverse impacts on electric customers, and the unit’s life was extended until December 2026 to give Delmarva Power time to upgrade the electric grid.

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At the time of the announced extension, customers were expected to bear the brunt of the cost, with an estimated average monthly bill increase of around $6.45.

Indian River power plant’s dirty history

The Indian River plant has been a subject of environmental and public health scrutiny for decades.

In August of 2007, the Delaware Division of Public Health confirmed the presence of a “cancer cluster” in the area immediately surrounding the Indian River Power Plant, with a cancer rate 17% higher than the national average at the time. 

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The 2007 toxic release inventory, released in 2009, listed the Indian River Power Plant as the top emitter of toxic releases, with 88% of the emissions being acid gasses known to have harmful effects on human health and safety.

In March of 2009, the grassroots environmentalist organization Citizens for Clean Power sued the Indian River Power Plant for committing over 6,000 violations of state and federal air pollution regulations.

However, in 2011, the Delaware Cancer Consortium, the Department of Health and Social Services and the Department of Natural Resources and Environmental Control commissioned a study on the potential link between toxin exposure in nearby residents. It concluded that the power plant was not responsible for the impact on people’s health.  

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In 2019, the Environmental Integrity Project confirmed that the Indian River Power Plant was contaminating groundwater with unsafe levels of toxic pollutants found in coal ash including arsenic, lithium and mercury among others. 

In 2023, the EPA acknowledged that coal ash is more dangerous than previously believed, due to levels of arsenic and radiation that pose cancer risks, while also noting widespread noncompliance with federal safeguards.

EarthJustice calculated in May 202, that the power plant contains nearly 1.5 million cubic yards of coal ash and toxic waste, which has contaminated the area’s groundwater.

More recently, the site adjacent to the Indian River plant has been targeted as a potential area for offshore wind cables to connect on-shore. This permit was rejected by Sussex County Council this month.

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Molly McVety covers community and environmental issues around Delaware. Contact her at mmcvety@delawareonline.com. Follow her on Twitter @mollymcvety.  





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Delaware Lottery Mega Millions, Play 3 Day winning numbers for Dec. 27, 2024

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Delaware Lottery Mega Millions, Play 3 Day winning numbers for Dec. 27, 2024


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The Delaware Lottery offers several draw games for those aiming to win big. Here’s a look at Friday, Dec. 27, 2024 results for each game:

Winning Mega Millions numbers from Dec. 27 drawing

03-07-37-49-55, Mega Ball: 06, Megaplier: 3

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Check Mega Millions payouts and previous drawings here.

Winning Play 3 numbers from Dec. 27 drawing

Day: 6-7-7

Night: 2-4-7

Check Play 3 payouts and previous drawings here.

Winning Play 4 numbers from Dec. 27 drawing

Day: 2-3-0-0

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Night: 8-5-7-7

Check Play 4 payouts and previous drawings here.

Winning Multi-Win Lotto numbers from Dec. 27 drawing

07-11-15-19-22-28

Check Multi-Win Lotto payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 27 drawing

15-21-24-32-43, Lucky Ball: 11

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Check Lucky For Life payouts and previous drawings here.

Winning Play 5 numbers from Dec. 27 drawing

Day: 0-0-7-8-0

Night: 7-5-0-7-4

Check Play 5 payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

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Are you a winner? Here’s how to claim your lottery prize

  • Sign the Ticket: Establish legal ownership by signing the back of your ticket with an ink pen.
  • Prizes up to $599: Claim at any Delaware Lottery Retailer, in person at the Delaware Lottery Office, or mail your signed ticket and claim form; print your name/address on the ticket’s back and keep a copy/photo for records. By mail, send original tickets and documentation to: Delaware Lottery, 1575 McKee Road, Suite 102, Dover, DE 19904.
  • Prizes up to $2,500: Claim in person at Delaware Lottery Retailer Claim Centers throughout Kent, Sussex and New Castle Counties.
  • Prizes of $5,001 or more: Claim in person at the Delaware Lottery Office (business days 8 a.m. to 4 p.m.) with a photo ID and Social Security card.
  • For all prize claims, directions to the Delaware Lottery Office are available online or via mapquest.com for a map.

Check previous winning numbers and payouts at Delaware Lottery.

Can I claim a jackpot prize anonymously in Delaware?

Fortunately for First State residents, the Delaware Lottery allows winners remain anonymous. Unlike many other states that require a prize be over a certain jackpot, Delawareans can remain anonymous no matter how much, or how little, they win.

How long do I have to claim my prize in Delaware?

Tickets are valid for up to one year past the drawing date for drawing game prizes or within one year of the announced end of sales for Instant Games, according to delottery.com.

When are the Delaware Lottery drawings held?

  • Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
  • Mega Millions: 11:00 p.m. on Tuesday and Friday.
  • Play 3, 4: Daily at 1:58 p.m. and 7:57 p.m., except Sunday afternoon.
  • Multi-Win Lotto: 7:57 p.m. Monday, Wednesday, and Friday.
  • Lucky for Life: Daily at 10:38 p.m.
  • Lotto America: 11:00 p.m. Monday, Wednesday, and Saturday

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Delaware Online digital operations manager. You can send feedback using this form.



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