IN RE RULING BY EMC v. ENVIRONMENTAL MANAGEMENT COMMISSION

No. COA02-99.

573 S.E.2d 732 (2002)

In re Request for Declaratory RULING BY THE ENVIRONMENTAL MANAGEMENT COMMISSION filed by North Carolina Home Builders Association, North Carolina Citizens For Business And Industry, North Carolina Aggregates Association, North Carolina Farm Bureau Federation, Inc., James H. Hobbs, Jr., and Gerald L. Anderson, Petitioners, v. ENVIRONMENTAL MANAGEMENT COMMISSION, Respondent, and The North Carolina Chapter of the Sierra Club; The North Carolina Coastal Federation; The North Carolina Environmental Defense Fund; The Nuese River Foundation; Rick Dove in his capacity as The Nuese Riverkeeper; Donna Lisenby in her capacity as The Catawba Riverkeeper; Tom Mattison in his capacity as The New Riverkeeper; and Bouten Baldridge in his capacity as The Cape Fear Riverkeeper, Intervenors-Respondents.

Court of Appeals of North Carolina.

December 31, 2002.


Attorney(s) appearing for the Case

Hunton & Williams, by Charles D. Case, Craig A. Bromby, Christopher G. Browning, Jr., and Jason S. Thomas, Raleigh, for petitioners.

Attorney General Roy Cooper, by Assistant Attorney General Jill B. Hickey, for respondent.

Southern Environmental Law Center, by Donnell Van Noppen, III and Derb S. Carter, Jr., Chapel Hill, for intervenors-respondents.


BRYANT, Judge.

On 1 December 1994, respondent Environmental Management Commission (EMC) published notice of proposed regulations affecting North Carolina wetlands in the North Carolina Register. The notice stated that the EMC "intends to amend rules cited as 15A NCAC 2B.0101, .0103, .0201-.0202; 2H.0502-.0504, .0507; adopt 2B.0220; 2H.0501, .0506; and repeal 2B.0109." N.C. Reg., Vol. 9, p. 1348 (December 1, 1994). The text of the proposed regulation was also published...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases