Delaware Department of Natural Resources & Environmental Control v. Sussex County

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.

On November 25, 2008, Sussex County filed a complaint against DNREC asserting that DNREC exceeded its constitutional and statutory authority in promulgating…