Supreme Court of North Carolina

Sound Rivers, Inc. v. N.C. Dep't of Env't Quality

September 1, 2023

Summary

The Court affirmed the Court of Appeals and the ALJ's determination that the discharge permit reasonably ensured compliance with the biological integrity standard. It held that the unchallenged factual findings were binding, that the ALJ properly gave due regard to the agency's specialized factual knowledge, and that the ALJ correctly applied the plain language of the governing regulations. The Court also held that discretionary review of Martin Marietta's conditional issues was improvidently allowed.