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NORTH CAROLINA FORESTRY ASS'N v. NORTH CAROLINA DEPT. OF ENVIRONMENT AND NATURAL RESOURCES, DIV. OF WATER QUALITY

No. COA01-1329.

571 S.E.2d 602 (2002)

NORTH CAROLINA FORESTRY ASSOCIATION, Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY, and the North Carolina Environmental Management Commission and its NPDES Committee, Respondents, and The Sierra Club and Dogwood Alliance, Respondent-Intervenors.

Court of Appeals of North Carolina.

November 19, 2002.

Attorney(s) appearing for the Case

Hunton & Williams by Charles D. Case, Craig A. Bromby, Jeff F. Cherry, and Julie Beddingfield, Raleigh, for petitioner-appellant.

Attorney General Roy Cooper by Assistant Attorney General Jill B. Hickey, for respondent-appellee, Department of Environment and Natural Resources, Division of Water Quality, the Environmental Management Commission, and its NPDES Committee.

Southern Environmental Law Center by Donnell Van Noppen, III, Chapel Hill, for respondent-intervenors-appellees, The Sierra Club and Dogwood Alliance.

THOMAS, Judge.

The North Carolina Forestry Association (NCFA), petitioner, appeals the trial court's order affirming in part and reversing in part a final agency decision of the North Carolina Environmental Management Commission (EMC).

The trial court upheld EMC's conclusion that the Department of Environment and Natural Resources, through the Division of Water Quality, acted within its authority in excluding new or expanding wood chip mills from coverage...

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