Supreme Court of Delaware

Dnrec v. Cuppels

July 28, 2020

Summary

The Supreme Court of Delaware refused to accept DNREC’s interlocutory appeal from an order denying its motions to quash subpoenas or obtain a protective order. Assuming without deciding that a non-party could pursue the appeal, the Court held that the strict requirements for interlocutory review were not met because exceptional circumstances were absent and the likely inefficiency, disruption, and costs outweighed any potential benefit.