Consolidation Coal Co. v. Georgia Power Co. (Lawyers Weekly No. 15-01-0270, 62 pp.) (Agee, J.) No. 13-1603, March 20, 2015; USDC at Raleigh, N.C. (Flanagan, J.) 4th Cir. Holding: In a split panel decision, the 4th Circuit affirms summary judgment ...Read More »
Catawba Riverkeeper Foundation v. North Carolina Department of Transportation (Lawyers Weekly No. 15-04-0272, 17 pp.) (James Dever III, C.J.) 5:15-cv-00029; W.D.N.C. Holding: Where defendants’ “no-build” scenario assumed the existence of the very highway project under consideration, defendants violated the National ...Read More »
Phillips v. Orange County Health Department (Lawyers Weekly No. 14-07-1069, 22 pp.) (Ann Marie Calabria, J.) Appealed from Orange County Superior Court (George Collins, J.) N.C. App. Holding: G.S. § 143-211(c) evidences the General Assembly’s intent to provide a complete ...Read More »
American Whitewater v. Tidwell (Lawyers Weekly No. 14-01-1052, 31 pp.) (Harris, J.) No. 13-1960, Nov. 5, 2014; USDC at Anderson, S.C. (Lewis, J.) 4th Cir. Holding: Although whitewater rafters want greater recreational access to headwaters of the protected Chattooga River, ...Read More »
Duke Energy Progress, Inc. v. Alcan Aluminum Corp. (Lawyers Weekly No. 14-02-0918, 5 pp.) (Louise Flanagan, J.) 5:08-cv-00460; E.D.N.C. Holding: North Carolina’s statute of repose does not apply to third-party plaintiff PCS Phosphate’s cost recovery claim, because it is not ...
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Defenders of Wildlife v. N.C. Department of Transportation (Lawyers Weekly No. 001-159-14, 58 pp.) (Wynn, J.) No. 13-2215, Aug. 6, 2014; USDC at Elizabeth City, N.C. (Flanagan, J.) 4th Cir. Holding: Federal and state defendants planning to replace the Bonner ...
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Alt v. U.S. Environmental Protection Agency (Lawyers Weekly No. 14-01-0706, 10 pp.) (Traxler, J.) No. 13-2200, July 14, 2014; USDC at Elkins, W.Va. (Bailey, J.) 4th Cir. Holding: In a West Virginia chicken farmer’s suit challenging the EPA’s enforcement action ...Read More »
Cape Hatteras Access Preservation Alliance v. Jewell (Lawyers Weekly No. 14-02-0601, 23 pp.) (Terrence Boyle, J.) 2:13-cv-00001; E.D.N.C. Holding: Although a group of beach-driving enthusiasts has standing to challenge a rule governing off-road vehicle use at the Cape Hatteras National ...
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Cape Fear River Watch, Inc. v. Duke Energy Progress, Inc. (Lawyers Weekly No. 14-02-0545, 23 pp.) (Louise Flanagan, J.) 7:13-cv-00200; E.D.N.C. Holding: Since plaintiffs allege that Sutton Lake was created by damming a navigable creek that flows into the Cape ...Read More »
Environmental – Endangered Species – Experimental Population – Red Wolves – Administrative – Coyote Hunting Regulations – Civil Practice – Preliminary Injunction – Constitutional – 11th Amendment
Red Wolf Coalition v. North Carolina Wildlife Resources Commission (Lawyers Weekly No. 14-02-0457, 17 pp.) (Terrence Boyle, J.) 2:13-cv-00060; E.D.N.C. Holding: Even experts have trouble distinguishing coyotes from red wolves in the wild. Coyote hunting puts the experimental population of ...
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