Weyerhaeuser, Pasquotank Seek Intervention in CLF Lawsuit

Weyerhaeuser Company and Pasquotank County have each separately sought to intervene in the matter of Owens v. DEQ, 15 EHR 07012. That case, brought last fall by a team of attorneys at the Center for Law and Freedom and the Energy & Environment Legal Institute, alleges that the North Carolina Department of Environmental Quality acted illegally when it informed Iberdrola Renewables that the corporation’s Amazon Wind Farm East would not be subjected to North Carolina’s legislatively-enacted permitting process for wind energy facilities. DEQ maintains that the facility is grandfathered in, and therefore not subject to these provisions of state law. The interventions come on the heels of the presiding administrative law judge’s denial of the Attorney General’s motion to dismiss the case in December.

Weyerhaeuser Corporation is represented by the law firm of Kilpatrick Townsend & Stockton, LLP, which on Monday filed a motion to intervene and a memorandum in support of intervention. CLF filed a memorandum opposing Weyerhaeuser’s intervention on Tuesday.

Pasquotank County is represented by the firm of Womble Carlyle Sandridge & Rice. The County’s intervention is unopposed, and its attorneys filed a motion to intervene and prehearing statement on Monday.

The presiding administrative law judge issued a scheduling order setting April 12-13 as the hearing date. The parties have until mid-March to file dispositive motions. All public litigation documents are available on the CLF case page.

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