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FREE-FLOW PACKAGING INTERN., INC. v. DNREC

No. 1,2004.

861 A.2d 1233 (2004)

FREE-FLOW PACKAGING INTERNATIONAL, INC., Appellant Below, Appellant, v. SECRETARY OF the DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OF the STATE of Delaware, Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: November 12, 2004.

Attorney(s) appearing for the Case

David S. Swayze, and Michael W. Teichman (argued), of Parkowski, Guerke & Swayze, P.A., Wilmington, DE, for Appellant.

Valerie S. Csizmadia (argued), and Matthew P. Chesser, Department of Justice, Dover, DE, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER and JACOBS, Justices and NOBLE, Vice Chancellor, constituting the Court en Banc.

BERGER, Justice:

In this appeal, we consider whether the Department of Natural Resources and Environmental Control ("DNREC") lawfully determined the base fee to be paid by a company that emits air contaminants. Free-Flow Packaging International, Inc. contends that DNREC's assessment was invalid either because it was the result of a process that should have been codified in a regulation, or because it was an arbitrary and...

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