Legal Opinion

City of Rockingham v. North Carolina Department of Environment & Natural Resources

Court of Appeals of North Carolina

Decided December 18, 2012No. COA12-763PublishedCited by 10 opinions

1Opinion of the Court

BEASLEY, Judge.

*230The City of Rockingham and American Rivers (Petitioners) appeal from an order affirming the final agency decision of Respondent Environmental Management Commission (EMC). For the reasons stated herein, we affirm.

I. Facts

Progress Energy Carolinas (Intervenor) operates a hydroelectric power-generating facility at the Tillery Dam on the Yadkin-Pee-Dee River. The Tillery Dam was constructed in the early 1900s. The Federal Energy Regulatory Commission (FERC) issued the license for this facility on 19 May 1958. This fifty-year license expired on 30 April 2008, and FERC has issued…

2Cases cited6 opinions

  1. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  2. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  3. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  4. Holly Ridge Associates, LLC v. North Carolina Department of Environment & Natural ResourcesSupreme Court of North Carolina · 2007
  5. Britt v. N.C. Sheriffs' Education & Training Standards CommissionSupreme Court of North Carolina · 1998

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3Cited by10 opinions

  1. Harris v. N.C. Dep't of Pub. SafetyCourt of Appeals of North Carolina · 2017
  2. Brewington v. N.C. Dep't Of Pub. SafetyCourt of Appeals of North Carolina · 2017
  3. N.C. Dep't of Pub. Safety v. LedfordCourt of Appeals of North Carolina · 2016
  4. Riggings Homeowners, Inc. v. Coastal Resources CommissionCourt of Appeals of North Carolina · 2013
  5. Brewington v. N.C. Agric. & Technical State Univ.Court of Appeals of North Carolina · 2017

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