CLF Defeats Government’s Motion to Dismiss in Wind Energy Case

In September, the Civitas Institute Center for Law and Freedom (CLF) filed suit against the NC Department of Environmental Quality (DEQ) on behalf of a Perquimans County couple. At issue is whether DEQ broke the law when it informed Iberdrola Renewables that its Amazon Wind Farm East would not be subjected to state regulatory standards. Soon after the filing, the Attorney General filed a motion to dismiss and supporting memoranda, to which CLF responded on November 19.

Today, Judge Melissa Owens Lassiter of the Office of Administrative Hearings denied the Attorney General’s motion to dismiss, ruling that the case will continue because the petitioners have standing to bring the suit. Barring an appeal of her decision, the case will head to a hearing on the merits in the spring.

Joining CLF on the case is Dr. David Schnare of the DC-based Energy & Environmental Legal Institute, who was admitted on a pro hac vice basis earlier this fall.

Stay tuned for further updates on this and other CLF cases.

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