Judge rejects challenge by environmental agency to Del. utility regulators (Randall Chase)

This report is basically a recap of a 2/24/20 decision in Superior Court (Judge Farris Wharton), dismissing an action by DNREC challenging PSC regulations defining the RMLC portfolio cap procedures based on the agency’s lack of standing. See judge nixes challenge to utility regs, Randall Chase, usnews.com, 2/24/20.

The only substantive addition to the opinion is a note re the immediate DNREC reaction: “Environmental secretary Shawn Garvin did not respond to an email seeking comment, but a spokesman said the agency is reviewing the decision and will discuss its options.”

On reflection, DNREC will probably decide to “cut their losses” rather than appealing the decision to the DE Supreme Court.
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