Biddix v. Henredon Furniture Industries, Inc.

WELLS, Judge.

Plaintiff brings forth one assignment of error in which he contends that the question for our review is “[w]hether the Water Use Act of 1967, . . . preempted the common law claims of nuisance and continuing trespass based on damage to real property resulting from alleged stream pollution?” Defendant asserts that the question presented is whether the Federal Water Pollution Control Act and the North Carolina Water Use Act of 1967 “preempt the common law claims of nuisance and continuing trespass based upon alleged violations of a duly issued National Pollutant Discharge…