Keep Our Wells Clean v. Dnrec

Summary

The Supreme Court of Delaware affirmed the Superior Court’s judgment upholding DNREC’s approval of Artesian’s 2017 permit application. The court held that DNREC and the Environmental Appeals Board properly applied the 2014 regulations, but that the provision governing changes to an existing construction permit required only plans, specifications, and a design engineering report—not a new Hydrogeologic Suitability Report or Surface Water Assessment Report. The court also upheld DNREC’s determination that the proposed changes were consistent with the existing permit.