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SIERRA CLUB CITIZENS v. TIDEWATER ENV. SER.

No. 634, 2011.

51 A.3d 463 (2012)

SIERRA CLUB CITIZENS COALITION, INC., Southern New Castle County Alliance, Inc., Appellants Below, Appellants and Cross-Appellees, v. TIDEWATER ENVIRONMENTAL SERVICES, INC., Appellee Below, Appellee and Cross-Appellant, v. Delaware Department of Natural Resources and Environmental Control, Appellee Below, Appellee and Cross-Appellee.

Supreme Court of Delaware.

Decided: August 16, 2012.

Corrected: August 17, 2012.

Attorney(s) appearing for the Case

Kenneth T. Kristl , Widener Environmental and Natural Resources Law Clinic, Wilmington Delaware for appellants.

Jeremy W. Homer , Parkowski, Guerke & Swayze, P.A., Dover, Delaware for appellee, Tidewater Environmental Services, Inc.

Robert F. Phillips , Department of Justice, Wilmington, Delaware for appellee Delaware Department of Natural Resources and Environmental Control.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices constituting the Court en Banc.

STEELE, Chief Justice:

A private company applied to build a wastewater treatment facility that would occupy many acres within the area protected by the Coastal Zone Act ("CZA"). The application proceeded through multiple layers of review, and now this Court must decide where this facility fits within the CZA's classification scheme, how to enforce the regulations governing "offsets" when the facility constitutes its own offset and the permit contains conditions, and...

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