Empire Power Co. v. N. C. Department of Environment

WHICHARD, Justice.

The dispositive question is whether petitioner George Clark is entitled under the North Carolina Administrative Procedures Act, N.C.G.S. § 150B-1 to -53 (1991), and the Air Pollution Control Act, N.C.G.S. § 143-215.105 to -215.114C (1993), to appeal to the Office of Administrative Hearings from the decision of the Department of Environmental Management, to grant an air pollution control permit to Duke Power Company. We hold that he is, and we thus reverse the Court of Appeals.

I

On 4 September 1991 respondent Department of Environment, Health and Natural Resources, Division of…