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SIERRA CLUB v. DELAWARE D.N.R.

No. 379, 2006.

919 A.2d 547 (2007)

SIERRA CLUB, Appellant, v. DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, a Delaware agency, John Hughes, in his official capacity as Secretary, Delaware Department of Natural Resources and Environmental Control, a Delaware agency, and David Small, in his official capacity as Deputy Secretary, Delaware Department of Natural Resources and Environmental Control, a Delaware agency, Appellees.

Supreme Court of Delaware.

Decided: March 9, 2007.

Attorney(s) appearing for the Case

Albert M. Greto, Esquire and Kenneth T. Kristl, Esquire (argued), Wilmington, Delaware, for appellant.

Robert F. Phillips, Esquire, Department of Justice, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices, and VAUGHN, President Judge.

HOLLAND, Justice, for the majority.

This is an appeal from the Court of Chancery's June 19, 2006, ruling granting summary judgment to the appellees, Delaware Department of Natural Resources and Environmental Control ("DNREC"), John A. Hughes, Secretary of DNREC, and David Small, Deputy Secretary of DNREC on appellant, Sierra Club's request for permanent injunctive relief. Sierra Club's lawsuit sought to bar the appellees from conducting dredging operations in the...

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