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MOTIVA ENTERPRISES v. SECRETARY OF DNR

C.A. No. 98A-07-010-HLA.

745 A.2d 234 (1999)

MOTIVA ENTERPRISES LLC, Appellant, Cross-Appellee, v. SECRETARY OF DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENTAL CONTROL, State of Delaware, Appellee, Cross-Appellant.

Superior Court of Delaware, New Castle County.

Decided: August 17, 1999.

Attorney(s) appearing for the Case

R. Judson Scaggs, Jr., and Megan E. Ward, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Appellant/Cross-Appellee.

Kevin P. Maloney, Deputy Attorney General, Department of Justice, Wilmington, DE, for Appellee/Cross Appellant.

OPINION

ALFORD, Judge.

I. INTRODUCTION

This case arises against the backdrop of an extensive regulatory scheme existing at both the federal and state levels designed to address air pollution. This controversy arose when, on December 24, 1997, the Secretary of the Department of Natural Resources and Environmental control ("DNREC" or "the Department") issued an Order which adopted a 1999 Rate...

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