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In re In re Appeal From the Envtl. Management Comm'n Final Order Granting a Certificate of Auth.

ELR Citation: 11 ELR 20988
Nos. No. 8010SC1069, 280 S.E.2d 520/53 N.C. Ct. App. 135, (N.C. Ct. App., 07/21/1981)

The appellate court rules that under North Carolina's Environmental Policy Act the North Carolina Environmental Management Commission was required to prepare an environmental impact statement (EIS) prior to issuing a certificate authorizing the Orange Water and Sewer Authority to proceed with construction of a dam and reservoir. The court finds that the certification action by the commission constitutes state action significantly affecting the environment and that, therefore, an EIS is required. The statutory requirement of an EIS is not satisfied by the fact that the Army Corps of Engineers was in the process of preparing its own EIS before issuing a dredge and fill permit for the project. The appellate court therefore vacate the lower court's affirmance of the commission's decision and remands the matter to the commission.

Counsel for Intervenors-Appellants
T.E. Corvette Jr.
Pinna & Corvette
P.O. Box 788, Raleigh NC 27602
(919) 755-1317

David A. Harlow
Singleton, Murray, Harlow & Little
P.O. Box 1210, Fayetteville NC 28302
(919) 483-4990

Counsel for Appellee Orange Water & Sewer Auth.
Claude V. Jones
1310 Arnette Ave., Durham NC 27707
(919) 682-5594

Counsel for Appellee Environmental Management Comm'n et al.
W.A. Raney Jr., Special Deputy Attorney General
Justice Bldg., P.O. Box 629, Raleigh NC 27602
(919) 733-3377

WEBB and WHICHARD, JJ., concur.