Delaware lawmakers passed a law to authorize continued application of emergency stormwater rules while the state's Department of Natural Resources and Environmental Control (DNREC) works on revamping the rulebook, the News Journal reported this month (see: "New law gives stormwater flexibility," by Molly Murray).
Comprehensive new stormwater rules were tossed out by the state Supreme Court in April, the paper had previously reported (see: "Del. Supreme Court rules stormwater regulations invalid," by Molly Murray). In rejecting the regulations, the Court agreed with landowners and developers who argued that unreleased technical documents relating to the new rules should have been included in the published record and subject to public comment during the rulemaking process. The new law, reports the paper, "is an interim step as the state and a stormwater advisory committee work to development new regulations and guidelines on the best ways to control runoff from developed lands."
"[State Environmental Secretary David] Small said the committee and state environmental officials are still working on a new version of regulations," the paper reported, "but in the meantime, the law should help resolve many of the key issues with stormwater management."