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NC FORESTRY v. NC DEPT. OF ENVIRONMENT

No. COA01-1329-2.

591 S.E.2d 549 (2004)

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.

Court of Appeals of North Carolina.

February 3, 2004.

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 Special Deputy Attorney General Jill B. Hickey, for respondent-appellees.

Southern Environmental Law Center, by Donnell Van Noppen, III and Sierra Weaver, Chapel Hill, for intervenors-appellees.

TYSON, Judge.

I. Facts

This Court originally heard this appeal and issued a majority opinion from a divided panel holding that plaintiff lacked standing. N.C. Forestry Ass'n v. N.C. Dep't. of Env't. and Natural Res., 154 N.C. App. 18, 571 S.E.2d 602 (2002). The Supreme Court reversed that opinion and remanded this case to this Court for a ruling on the remaining issues. N.C. Forestry Ass'n v. N.C. Dep...

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