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DEPT. OF NATURAL RESOURCES v. SUSSEX COUNTY

No. 145, 2011.

34 A.3d 1087 (2011)

The DELAWARE DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENTAL CONTROL, an agency of the State of Delaware, Defendant Below, Appellant, v. SUSSEX COUNTY, a political subdivision of the State of Delaware; White Farm, LLC, a Delaware Limited Liability Company; BAR-SGR, LLC, a Delaware Limited Liability Company; BAR-RAB, LLC, a Delaware Limited Liability Company; Wayne Baker, LLC, a Delaware Liability Company; and Baxter Farms, Inc., a Delaware Corporation, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: December 29, 2011.

Attorney(s) appearing for the Case

David L. Ormond, Jr., Esquire (argued), Department of Justice, Dover, Delaware, and William T. Quillen, Esquire and Joseph C. Schoell, Esquire , Drinker Biddle & Reath LLP, Wilmington, Delaware, for appellant.

David N. Rutt, Esquire (argued), Moore & Rutt, P.A., Georgetown, Delaware, for Sussex County.

Matthew Neiderman, Esquire (argued), and Gary W. Lipkin, Esquire , Duane Morris LLP, Wilmington, Delaware, for White Farm, LLC, BAR-SGR, LLC, BAR-RAB, LLC, Wayne Baker, LLC and Baxter Farms, Inc.

Kenneth T. Kristl, Esquire , Widener Environmental and Natural Resources Law Clinic, Wilmington, Delaware, amicus curiae for The Sierra Club.

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

HOLLAND, Justice:

At issue in this case is the validity of Sections 4 and 5 of the Delaware Department of Natural Resources & Environmental Control's ("DNREC") "Regulations Governing the Pollution Control Strategy for the Indian River, Indian River Bay, Rehoboth Bay and Little Assawoman Bay Watersheds" ("PCS Regulations"), which were promulgated in 2008 to effect DNREC's Pollution Control Strategy ("PCS") for the Inland Bays watershed area.

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