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Environmental – Endangered Species – Experimental Population – Red Wolves – Administrative – Coyote Hunting Regulations – Civil Practice – Preliminary Injunction – Constitutional – 11th Amendment (access required)

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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Environmental – Administrative – Bridge Replacement – Outer Banks – Wildlife Refuge – First Impression – Segmentation Analysis (access required)

Defenders of Wildlife v. North Carolina Department of Transportation The parties have not cited and the court has not found any Fourth Circuit case providing segmentation analysis for a transportation construction project that includes bridges and islands. However, the replacement of a structure that is nearing the end of its service life has been found to have independent utility.

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Environmental – Sedimentation Pollution Control Act – Private Action – Violation Required – Civil Practice – Standing – Administrative (access required)

Applewood Properties, LLC v. New South Properties, LLC Because the county Natural Resources Department never found the defendant-contractor to be in violation of any law, rule, order or erosion and sedimentation and control plan, plaintiff did not have standing to bring a civil action under the Sedimentation Pollution Control Act to seek redress for its injuries.

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Environmental – Stormwater Runoff – Administrative – Agency Interpretation – Entire Area Requirement (access required)

Quality Built Homes, Inc. v. North Carolina Department of Environment & Natural Resources Since wetlands absorb runoff rather than producing it, wetlands are not included in a development’s “drainage area.” We affirm the superior court’s decision to uphold respondent’s approval of a 401 Water Quality Certification with Additional Conditions.

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