Supreme Court of Delaware

Booth v. Garvin

January 27, 2023

Summary

The Court affirmed the Superior Court’s judgment holding the Booths liable for environmental cleanup and administrative costs. It held that the Booths forfeited their opportunity to contest liability by withdrawing their administrative appeal, that the later continuance clarified rather than amended the permissible damages, and that Brownfield Grant payments qualified as recoverable remedial costs under the HSCA without requiring proof of causation. No separate opinions were filed.