NC Dept. of Administration files suit to have Alcoa riverbed declared state property

Claims by the Yadkin Riverkeeper, Fletcher Hartsell, and Roger Dick that the State owns the submerged riverbed of the Yadkin Project have been chewed over ever since they first learned of the PPL Montana v. Montana lawsuit.  The unanimous Supreme Court decision in that case didn't go the way they had hoped, but that did not diminish their zeal.  Finally, today, the NC Department of Administration made their claim in a suit filed in Wake County Superior Court.

Kevin Anton, Alcoa’s chief sustainability officer, issued this statement in response to the lawsuit:

“We believe this filing is flat-out wrong. Ownership of submerged lands is a question of federal law and we will immediately begin the legal process to move it to federal court. This ownership has already been decided by Supreme Court in a 9-0 decision in 2012 (Montana PPL v Montana). APGI is confident in its ownership position and that it will be firmly established in court. Despite making ourselves available to the Governor, we are disappointed that we didn’t have the opportunity to discuss this more fully with him before filing this suit.”

As a corollary, the State's Division of Water Resources, in light of the lawsuit, denied APGI's application for a 401 Water Quality Certificate.  APGI would have to reapply (for the fourth time!), although DENR promises expedited handling.

Article in the Salisbury Posthttp://www.salisburypost.com/article/20130802/SP01/130809920/1016

Article in the SNAP:  http://its.enr.state.nc.us/laserfiche8/index.aspx?db=NCDWQ#id%3D198...

See:  Yadkin River:  Navigability and Riverbed Ownership

 

Views: 375

Tags: Alcoa, Yadkin River, navigabiity

Comment by another David on August 3, 2013 at 12:04am

They've just been begging for someone authoritative, like a judge, to put them in their places.  They'll finally get their wish.

I expect another "sour grapes" comment about that!

 

Comment by Firebird on August 3, 2013 at 8:57am

Roger Dick and his cronies look like a bunch of clowns. They should join the circus. This group just won't give up.  Roger should be focused on the Bank of Stanly, not Alcoa and APGI. Hartsell has his own problems in Cabarrus County.  Words can't describe the Riversnooper, he's a joke.

Comment by Ann on August 3, 2013 at 5:09pm

I've read the State's complaint, and I don't think any of the claims made are true.  Some of them even show how badly uninformed Faison Hicks is.  I think a judge will have no problem deciding against the State on this matter.

In legal jargon, we might say "Roger Dick and his cronies ( hereinafter referred to as "the crackpots")".

Comment by Whigkid on August 4, 2013 at 1:17pm

The NC Division of Water Quality Hearing Officer issued his report re the 401 Water Quality Certificate on 7/29/2013 (username=public; password=password).  He recommended issuing the 401 Water Quality Certificate to Alcoa, with some recommended stipulations and content.  It appears that DWQ was on the verge of issuing the 401 when the lawsuit was filed.

Politics trumps environmental review.

 

Comment by Ann on August 6, 2013 at 12:24pm

If Fletcher Hartsell has toilet paper stuck to his shoe, you HAVE to tell him.  If he wants to ignore you, or, worse yet, talk the State of NC into prancing around with toilet paper stuck to their shoes, there's nothing you can do about it but giggle.  :)

 

Comment by Whigkid on September 11, 2013 at 3:49am

On 9/3 Alcoa filed documents asking that the case be moved to the U. S. District Court for the Eastern District of North Carolina.

 

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