STEVE OWENS and JILLANE BADAWI v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
Documents:
Petitioners’ Request for Contested Case Hearing (Sept. 25, 2015)
Notice of Petition and Order for Prehearing Statements (Oct. 16. 2015)
Motion by Out-of-State Attorney to Practice before the Office of Administrative Hearings (Oct. 20, 2015)
Order Permitting Out-of-State Counsel to Appear Pro Hac Vice (Oct. 28, 2015)
Petitioners’ Prehearing Statement (Nov. 2, 2015)
Respondent’s Prehearing Statement (Nov. 4, 2015)
Respondent’s Motion to Dismiss (Nov. 3, 2015)
Respondent’s Memorandum in Support of Motion to Dismiss (Nov. 3, 2015)
Petitioners’ Memorandum in Opposition to Motion to Dismiss (Nov. 19, 2015)
Order Denying Motion to Dismiss (Dec. 14, 2015)
Scheduling Order (Jan. 14, 2016)
Proposed Intervenor-Respondent Weyerhaeuser Company’s Motion to Intervene (Feb. 22, 2016)
Proposed Intervenor-Respondent Weyerhaeuser Company’s Memorandum of Law in Support of Motion to Intervene (Feb. 22, 2016)
Petitioners’ Memorandum in Opposition to Weyerhaeuser Company’s Motion to Intervene (Feb. 23, 2016)
Proposed Intervenor-Respondent Pasquotank County’s Motion to Intervene (Feb. 22, 2016)
Proposed Intervenor-Respondent Pasquotank County’s Prehearing Statement (Feb. 22, 2016)
Reply Brief in Support of Weyerhaeuser Company’s Motion to Intervene (Feb 25, 2016)
Order Granting Motion to Intervene by Weyerhaeuser (March 11, 2016)
Order Granting Motion to Intervene by Pasquotank County (March 11, 2016)
Petitioners’ Motion for Summary Judgment and Memorandum in Support of Summary Judgment (March 24, 2016)
Intervenor-Respondent Weyerhaeuser Company’s Motion for Summary Judgment and Memorandum in Support of Summary Judgment (March 24, 2016)
Respondent’s Motion for Summary Judgment (March 24, 2016)
Respondent’s Memorandum in Support of Summary Judgment (March 24, 2016)
Joint Motion for Amended Scheduling Order (March 29, 2016)
Request for Response to Respondent’s Motion for Summary Judgment (March 29, 2016)
Request for Response to Petitioners’ Motion for Summary Judgment (March 28, 2016)
Request for Response to Respondent-Intervenor’s Motion for Summary Judgment (March 28, 2016)
Pasquotank County’s Brief Regarding the Proper Interpretation of Session Law 2013-51 (April 1, 2016)
Amended Scheduling Order (April 6, 2016)
Petitioners’ Response to Weyerhaeuser Company’s Motion for Summary Judgment (April 7, 2016)
Respondent’s Response to Petitioners’ Motion for Summary Judgment (April 7, 2016)
Weyerhaeuser’s Response to Petitioners’ Motion for Summary Judgment (April 7, 2016)
Petitioners’ Response to Respondent’s Motion for Summary Judgment (April 11, 2016)
Engstrom, Elliot M. “Fact-checking the N&O.” Civitas Review. Civitas Institute, 16 Dec. 2015. Web.
“NC Wind Farm Should Get OK.” Editorial. News & Observer. 17 Apr. 2016. Web.
Case Summary:
In this Perquimans County case, CLF alleges that the North Carolina Department of Environmental Quality (DEQ) acted contrary to statute when it notified Iberdrola Renewables that it is not subject to state permitting standards.
CLF filed suit against DEQ on behalf of a husband and wife couple, alleging that they were aggrieved by the agency’s determination that Iberdrola Renewables’ Amazon Wind Farm East was not subject to state permitting standards.
CLF Lead Counsel Elliot Engstrom is joined by Dr. David Schnare, General Counsel for the Energy & Environment Legal Institute (E&E). Dr. Schnare has been admitted pro hac vice to practice before the Office of Administrative Hearings in this case, and helped craft the arguments against dismissal.
The case will proceed to a contested case hearing in early 2016.
