• Cuppels v. Mountaire Corp.

    Publication Date: 2021-04-28
    Practice Area: Environmental Law
    Industry: Agriculture | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt, Stephen A. Spence, Barid Mandalas Brockstedt, Lewes, DE; Philip C. Federico, Brent Ceryes, Schochor, Federico, and Staton, P.A., Baltimore, MD for plaintiffs.
    for defendant: F. Michael Parkowski, Michael W. Teichman, Parkowski Guerke & Swayze, P.A., Wilmington, DE; Lisa C. McLaughlin, Todd L. Goodman, John C. Phillips, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; James R. Wedeking, Timothy K. Webster, Gordon D. Todd, Erika L. Maley, Daniel J. Hay, Sidley Austin, LLP, Washington, DC for defendants.

    Case Number: D69376

    Court approved class action settlement where, despite defendants' vigorous contesting of liability, plaintiffs and class counsel were able to secure a multi-million settlement on behalf of the class.

  • Keep Our Wells Clean v. Delaware Dep't of Natural Res. & Envt'l Control

    Publication Date: 2020-12-30
    Practice Area: Environmental Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Kenneth T. Kristl, Environmental & Natural Resources Law Clinic, Widener University Delaware Law School, Wilmington, DE for appellants.
    for defendant: Devera B. Scott, Kayli H. Spialter, Department of Justice, Dover, DE; R. Judson Scaggs, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.

    Case Number: D69239

    Wastewater treatment facility applicant was not required to submit new reports required under revised regulations where it submitted application to amend existing permit issued prior to adoption of the revised regulations, and DNREC determined, in its discretion, the proposed changes were not substantial enough to require a new permit.

  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-04-29
    Practice Area: Environmental Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, Lewes, DE for plaintiff.
    for defendant: Devera B. Scott and William J. Kassab, Department of Justice, Dover, DE for non-party movant.

    Case Number: D68960

    Plaintiffs alleging injury from environmental violations were entitled to subpoena records from the Delaware Department of Natural Resources relating to its settlements with the defendants in plaintiffs' injury action.

  • Delaware Dep't of Natural Res. & Envt'l Control v. McGinnis Auto & Mobile Home Salvage, LLC

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Ralph K. Durstein III, Department of Justice, Dover, DE for appellant.
    for defendant: John W. Paradee, Daniel F. McAllister, Stephen A. Spence, and Brian V. DeMott, Baird Mandalas Brockstedt, LLC, Dover, DE for appellee.

    Case Number: D68895

    Department of Natural Resources and Environmental Control's cease and desist powers could order a property owner to remove an environmentally-contaminating pile of waste, where the mere presence of the pile constituted an environmental violation and therefore removal of the pile would be required to cease and desist the violation.

  • Duncan v. STTCPL, LLC

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Mark F. Dunkle, Elio Battista, and Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendants Service Energy, LLC and STTCPL, LLC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Coastal Pump and Tank, Inc.

    Case Number: D68896

    Gas station owner was bound to environmental contamination settlement agreement where owner failed to present evidence that any new contamination arose as a result of tenant's activities.

  • In re Maxus Energy Corp.

    Publication Date: 2019-03-20
    Practice Area: Bankruptcy | Environmental Law
    Industry: Chemicals and Materials
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Robert J. Dehney, Curtis S. Miller and Daniel B. Butz, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert Lemons, Weil, Gotshal & Manges LLP, New York, NY; Edward Soto, Miami, FL for Repsol defendants.
    for defendant: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore,White & Case LLP, New York, NY for liquidating trustee.

    Case Number: D68497

    Bankruptcy court declined to abstain because neither mandatory abstention nor the Rooker-Feldman doctrine applied to the facts, and permissive abstention would interfere with the creditors' recovery.

  • Booth v. Garvin

    Publication Date: 2019-02-20
    Practice Area: Administrative Law | Environmental Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Christopher M. Coggins, Coggins Law, LLC, Wilmington, DE for appellants.
    for defendant: Robert F. Phillips, Deputy Attorney General, Department of Justice, New Castle, DE for appellees.

    Case Number: D68462

    Environmental Appeals Board correctly dismissed an appeal from an oral statement of the secretary of Department of Natural Resource and Environmental Control where such statement merely stated DNREC's litigation position and did not constitute an appealable final agency action and where the appeal was patently untimely.

  • Inter-Marketing Group USA, Inc. v. Armstrong

    Publication Date: 2019-02-13
    Practice Area: Corporate Entities | Environmental Law
    Industry: Energy | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Theodore A. Kittila, Halloran Farkas & Kittila LLP, Wilmington, DE; Gregory M. Nespole and Correy A. Kamin, Wolf HaldensteinAdler Freeman & Herz LLP, New York, NY for plaintiff.
    for defendant: Srinivas M. Raju and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Michael C. Holmes, Craig E. Zieminski, Kimberly R. McCoy, and Jeffrey Crough, Vinson & Elkins LLP, Dallas, TX for defendants.

    Case Number: D68456

    Derivative complaint dismissed for failure to make demand, where demand would not be futile as a majority of directors were disinterested and independent as nominal defendant's partnership agreement eliminated the directors' personal liability.

  • In re: La Paloma Generating Co.

    Publication Date: 2017-11-22
    Practice Area: Bankruptcy | Creditors' and Debtors' Rights | Environmental Law
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark D. Collins and Jason M. Madron, Richards, Layton & Finger, P.A., Wilmington, DE; M. Natasha Labovitz, Craig A. Bruens, Nick S. Kaluk, and Elie J. Worenklein, Debevoise & Plimpton LLP, New York, NY, attorneys for plaintiff
    for defendant: Jeffrey M. Schlerf and L. John Bird, Fox Rothschild LLP, Wilmington, DE; Thomas E. Lauria, White & Case LLP, Miami, FL; Roberto Kampfner, White & Case, LLP; Xavier Becerra, Attorney General of California; Robert W. Byrne, Senior Assistant Attorney General; Eric M. Katz, Supervising Deputy Attorney General; H. Alexander Fisch, Deputy Attorney General; J. Christopher Shore and Andrew Zatz; White & Case LLP, New York, NY, attorneys for defendants.

    Case Number: D67943

    Debtors electricity generating facility was able to be sold free and clear of liability to surrender instruments under state greenhouse gas cap-and-trade program where state regulations did not explicitly provide for successor liability overriding bankruptcy codes requirement allowing assets to be sold clear of encumbrances.

  • Sierra Club v. Del. Dep't of Natural Resources and Envtl. Control, DeFAX Case No. D66793 (Del. Super. March 31, 2015) Rocanelli, J. (16 pages).

    Publication Date: 2015-04-15
    Practice Area:
    Industry:
    Court: Delaware Superior Court
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D66793