Motiva Enterprises LLC v. Secretary of Department of Natural Resources & Environmental Control

OPINION

ALFORD, Judge.

I. INTRODUCTION

This case arises against the backdrop of an extensive regulatory scheme existing at both the federal and state levels designed to address air pollution. This controversy arose when, on December 24, 1997, the Secretary of the Department of Natural Resources and Environmental control (“DNREC” or “the Department”) issued an Order which adopted a 1999 Rate-of-Progress Plan (“1999 ROPP”) for Delaware under the federal Clean Air Act (“CAA” or “the Act.”)1 The Clean Air Act Amendments of 1990 require States with ground-level ozone attainment areas classified as…