Keep Our Wells Clean, et al. v. DNRECAnnotate this Case
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, the issue presented for the Delaware Supreme Court was whether Artesian Wastewater Management, Inc.’s 2017 construction permit application, which Artesian characterized as an amendment to its existing 2013 wastewater treatment facility construction permit, had to comply with the new requirements of the 2014 regulations. The Environmental Appeals Board and the Superior Court decided Artesian did not have to comply with the new requirements. The Supreme Court agreed and affirmed.