Dnrec v. McGinnis Auto & Mobile Home Salvage, LLC

Summary

The Court held that DNREC's statutory cease-and-desist authority permits it to require removal of an illegal waste pile when removal is the only way to stop an ongoing environmental violation. The Court nevertheless held that requirements concerning historical records and detailed operational explanations exceeded that authority because they were too attenuated from halting the violations. The Superior Court's judgment was therefore affirmed in part and reversed in part.