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KEEP OUR WELLS CLEAN v. NAT. RESOURCES

No. 138, 2020.

243 A.3d 441 (2020)

KEEP OUR WELLS CLEAN, Gail Salomon, Eugenia Grace Navitski, Vlad Eric Navitski, Thomas Diorio, Lynn Taylor-Miller, Charlie Miller, and Virginia Weeks, Plaintiffs Below, Appellants, v. DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, and Artesian Wastewater, Management, Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: December 15, 2020.

Attorney(s) appearing for the Case

Kenneth T. Kristl, Esquire (argued), Environmental & Natural Resources Law Clinic, Widener University Delaware Law School, Wilmington, Delaware; Attorney for Plaintiffs-Appellants Keep Our Wells Clean, Gail Salomon, Eugenia Grace Navitski, Vlad Eric Navitski, Thomas DiOrio, Lynn Taylor-Miller, Charlie Miller, and Virginia Weeks.

Devera B. Scott, Esquire , and Kayli H. Spialter, Esquire (argued), Department of Justice, Dover, Delaware; Attorneys for Defendant-Appellee Delaware Department of Natural Resources and Environmental Control.

R. Judson Scaggs, Jr., Esquire , MORRIS, NICHOLS, ARSHT & TUNNELL LLP, Wilmington, Delaware; Attorneys for Defendant-Appellee Artesian Wastewater Management, Inc.

Before SEITZ, Chief Justice; VAUGHN, and TRAYNOR, Justices.

Before 2014, the Delaware Department of Natural Resources and Environmental Control reviewed wastewater treatment facility construction permit applications under regulations adopted in 1999. In 2014, DNREC revised its regulations and adopted new requirements. In this appeal, we address whether Artesian Wastewater Management...

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