Contact: Michael Globetti, DNREC public affairs, 302-739-9902

Chancery Court affirms constitutionality of Delaware’s new recycling law

DOVER (Jan. 7, 2010) – The Court of Chancery today affirmed the constitutionality of Delaware’s new universal recycling law, which will expand curbside recycling statewide.

Plaintiffs argued that the universal recycling law was passed in an unconstitutional manner by the General Assembly last spring. Chancellor William Chandler dismissed the lawsuit, ruling that the plaintiffs lacked standing to bring their challenge and that the law was constitutional. 

 “A broad and bipartisan coalition of businesses, community groups and individuals came together to turn the possibility of statewide recycling into a reality. We're pleased with the decision,” said Delaware Governor Jack Markell. “The effort reduces waste, reduces the need for costly landfill expansions in the future and makes recycling easier for most and more available across the state.”

Senator David McBride and Representative Michael Mulrooney were the lead sponsors of the bipartisan legislation that enabled universal recycling for Delaware administered by the Department of Natural Resources and Environmental Control.

“Recycling is good for our environment and good for the economy,” said DNREC Secretary Collin P. O’Mara. “We are pleased by the Chancellor's ruling and look forward to continuing to expand recycling in Delaware. Through this statewide effort, residents and businesses will save money, reduce pollution, and support the creation of new jobs and industries in the years ahead.”

Vol. 41, No. 10