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SOLID WASTE AUTHORITY v. DELAWARE DNREC

Nos. 81, 2020 and 88, 2020 CONSOLIDATED.

250 A.3d 94 (2021)

DELAWARE SOLID WASTE AUTHORITY; Greggo & Ferrara, Inc.; and Contractors Hauling, LLC, Appellees Below, Appellants/Cross-Appellees v. DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, Appellant Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: April 9, 2021.

Attorney(s) appearing for the Case

Michael W. Teichman, Esquire (argued), Elio Battista, Jr., Esquire , Kyle F. Dunkle, Esquire , PARKOWSKI, GUERKE & SWAYZE, P.A., Wilmington, Delaware; for Appellant/Cross-Appellee Delaware Solid Waste Authority.

Jeffery M. Weiner, Esquire (argued), Wilmington, Delaware; for Appellants/Cross-Appellees Greggo & Ferrara Inc., and Contractors Hauling, LLC.

William J. Kassab, Esquire (argued), DEPARTMENT OF JUSTICE, New Castle, Delaware; for Appellee/Cross-Appellant Delaware Department of Natural Resources and Environmental Control.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting the Court en Banc.

On July 25, 2018, an enforcement officer working for the Department of Natural Resources and Environmental Control ("DNREC" or the "Department") pulled over a truck hauling municipal solid waste from the Pine Tree Corners Transfer Station (the "Pine Tree Station"). The truck's owner and operator, Contractors Hauling,...

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