Cape Fear River Watch v. N.C. Envtl. Mgmt. Comm’n

Petitioners filed a request that the North Carolina Environmental Management Commission issue a declaratory ruling clarifying the application of the Commission’s groundwater protection rules to coal ash lagoons. After the Commission issued its declaratory ruling, Petitioners sought judicial review, claiming that the Commission had misconstrued the applicable regulations and erred in failing to construe the applicable regulations in the manner contended for by Petitioners in their original request for declaratory relief. The trial court determined that portions of the Commission’s decision were plainly erroneous and inconsistent with the regulations and reversed the Commission’s decision with respect to Petitioners’ second request for a declaratory ruling. The Supreme Court vacated the trial court’s order and remanded to the trial court with instructions to dismiss Petitioners’ appeal from the Commission’s declaratory ruling on mootness grounds, holding that the General Assembly’s enactment of Chapter 122 of the 2014 North Carolina Session Laws supersedes the rule at issue in this appeal with respect to coal ash lagoons located at facilities with active permits. Remanded. View "Cape Fear River Watch v. N.C. Envtl. Mgmt. Comm’n" on Justia Law