A North Carolina judge has ruled that a Center for Law and Freedom (CLF) lawsuit against the North Carolina Department of Environmental Quality will proceed, denying the Attorney General’s motion to dismiss the case. From the Civitas Institute:
Judge Melissa Owens Lassiter of the Office of Administrative Hearings on Monday denied the Attorney General’s motion to dismiss in Owens v. NC Department of Environmental Quality. The Perquimans County case, concerning a major wind energy facility, will now proceed to the merits of whether the North Carolina Department of Environmental Quality (DEQ) acted contrary to statute when it notified Iberdrola Renewables that it is not subject to state permitting standards.
On September 25, CLF filed suit against the NC Department of Environmental Quality on behalf of county residents Stephen Owens and Jillanne Gigi Badawi, alleging that they were aggrieved by the agency’s determination that Iberdrola Renewables’ Amazon Wind Farm East was not subject to state permitting standards.
DEQ’s counsel from the Attorney General’s Office advanced several arguments in favor of dismissal, chief among which was that petitioners Owens and Badawi, who are husband and wife, lacked standing to bring their claims. The counsel from the AG’s Office also argued that the couple failed to file their petition in a timely manner, despite the fact that DEQ never gave them proper notice of its decision.