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DELMARVA POWER & LIGHT CO. v. TULOU

C.A. Nos. 98C-02-220 SCD, 98A-04-011 SCD.

729 A.2d 868 (1998)

DELMARVA POWER & LIGHT CO., and Star Enterprise, Inc., Plaintiffs, v. Christophe A.G. TULOU, Secretary of State of Delaware Department of Natural Resources and Environmental Control, Department of Natural Resources and Environmental Control, and State of Delaware, Defendants.

Superior Court of Delaware.

Decided: December 4, 1998.

Attorney(s) appearing for the Case

Robert W. Whetzel,and Tara J. Hoffner of Richards, Layton & Finger, Wilmington, for Plaintiffs Delmarva Power & Light Company and Star Enterprises, Inc.

David L. Ormond, Jr. of DNREC Legal Office, Wilmington, for Christophe A.G. Tulou, Secretary, State of Delaware Department of Natural Resources and Environmental Control and Department of Natural Resources and Environmental Control and State of Delaware.

MEMORANDUM OPINION

DEL PESCO, Judge.

This case concerns the adoption of Regulation No. 37 by the Delaware Department of Natural Resources and Environmental Control ("DNREC" or "the Department"). The plaintiffs contend the regulation was adopted without a reasonable basis on the record. They seek to have the regulation vacated and remanded to the Department.

Although the business of air quality regulation...

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