North Carolina Forestry Ass'n v. North Carolina Department of Environment & Natural Resources

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’t. of Env’t. and Natural Res., 357 N.C. 640, 588 S.E.2d 880 (2003).

North Carolina Forestry Association (“petitioner”) appeals the exclusion of wood chip mills from coverage under Stormwater…