The State of NORTH CAROLINA, BY AND THROUGH its agency, the NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, Plaintiff-Appellant,
v.
ALCOA POWER GENERATING, INC., Defendant-Appellee.
Yadkin Riverkeeper, Inc.; North Carolina Wildlife Federation, Inc.; Michael C. Blumm, Jeffrey Bain Faculty Scholar and Professor of Law, Lewis & Clark Law School, Portland, OR; Mary Christina Wood, Philip H. Knight Professor of Law, University of Oregon School of Law, Eugene, OR; Patrick C. McGinley, Judge Charles H. Haden II Professor of Law, West Virginia University College of Law, Morgantown, WV; Rachael Paschal Osborn, Adjunct Professor, Gonzaga University School of Law, Spokane, WA; Patrick Parenteau, Professor of Law and Senior Counsel for Environmental and Natural Resources Law Clinic, Vermont Law School, South Royalton, VT; Zygmunt J.B. Plater, Professor of Law, Boston College Law School, Boston, MA; William Rodgers, Emeritus Stimson Bullitt Professor of Law, University of Washington School of Law, Seattle, WA; Gerald Torres, Jane M.G. Foster Professor of Law, Cornell Law School, Ithaca, NY; American Whitewater, Amici Supporting Appellant,
High Rock Lake Association; Trading Ford Historic District Preservation Association, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Judge Agee joined. Judge King wrote a dissenting opinion.
NIEMEYER, Circuit Judge:
The State of North Carolina commenced this action against Alcoa Power Generating, Inc., seeking a declaratory judgment that North Carolina owns a 45-mile segment of the riverbed of the Yadkin River in North Carolina that, over the past 100 years, Alcoa purportedly acquired by deed and developed, with the construction of...
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