State ex rel. North Carolina Department of Environmental Quality v. Duke Energy Progress, Inc., 809 S.E.2d 867, 370 N.C. 576 (2018)

March 1, 2018 · Supreme Court of North Carolina · No. 285P17
809 S.E.2d 867, 370 N.C. 576
STATE of North Carolina EX REL. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY, Plaintiff and Roanoke River Basin Association, Sierra Club, Waterkeeper Alliance, Cape Fear River Watch, Inc., Sound Rivers, Inc., and Winyah Rivers Foundation, Plaintiff-Intervenors v. DUKE ENERGY PROGRESS, INC., Defendant State of North Carolina Ex Rel. North Carolina Department of Environment and Natural Resources, Plaintiff and Catawba Riverkeeper Foundation, Inc., Waterkeeper Alliance, Mountaintrue, Appalachian Voices, Yadkin Riverkeeper, Inc., Dan River Basin Association, Roanoke River Basin Association, and Southern Alliance for Clean Energy, Plaintiff-Intervenors v. Duke Energy Carolinas, LLC, Defendant

STATE of North Carolina EX REL. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY, Plaintiff
and
Roanoke River Basin Association, Sierra Club, Waterkeeper Alliance, Cape Fear River Watch, Inc., Sound Rivers, Inc., and Winyah Rivers Foundation, Plaintiff-Intervenors
v.
DUKE ENERGY PROGRESS, INC., Defendant

State of North Carolina Ex Rel. North Carolina Department of Environment and Natural Resources, Plaintiff
and
Catawba Riverkeeper Foundation, Inc., Waterkeeper Alliance, Mountaintrue, Appalachian Voices, Yadkin Riverkeeper, Inc., Dan River Basin Association, Roanoke River Basin Association, and Southern Alliance for Clean Energy, Plaintiff-Intervenors
v.
Duke Energy Carolinas, LLC, Defendant

No. 285P17

Supreme Court of North Carolina.

March 1, 2018

Nash E. Long, III, Attorney at Law, Michael T. Kafka, Attorney at Law, Charlotte, for Duke Energy Progress, Inc., et al.

Brent A. Rosser, Attorney at Law, Charlotte.

Melissa A. Romanzo, Attorney at Law, Charlotte.

Emma C. Merritt, Attorney at Law, Charlotte.

Francisco Benzoni, Assistant Attorney General, for State of North Carolina, et al.

*868T. Hill Davis, III, Assistant Attorney General.

Brenda Menard, Assistant Attorney General.

Frank S. Holleman, III, Attorney at Law, Austen D. Gerken, Jr., Attorney at Law, for Catawba Riverkeeper Foundation, Inc., et al.

Nicholas S. Torrey, Attorney at Law.

John Suttles, Attorney at Law.

Myra D. Blake, Attorney at Law, Chapel Hill.

Leslie Griffith, Attorney at Law.

Amelia Y. Burnette, Attorney at Law.

J. Patrick Hunter, Attorney at Law.

Thomas Lodwick, Attorney at Law.

ORDER

Upon consideration of the petition filed by Defendants on the 22nd of August 2017 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 1st of March 2018."

The following order has been entered on the motion filed on the 11th of September 2017 by Defendants to Supplement the Record:

"Motion Dismissed as moot by order of the Court in conference, this the 1st of March 2018."