N.C. Dep't of Env't Quality v. N.C. Farm Bureau Fed'n, Inc.

Summary

The Court held that three conditions included in general permits for animal waste management systems are generally applicable agency regulations implementing legislation and therefore qualify as rules under the Administrative Procedure Act. Because the conditions were imposed without substantial compliance with the APA's rulemaking requirements, they are invalid until properly adopted as rules, and the Court affirmed the Court of Appeals. The Court did not reach the separate claim concerning public input on a draft permit because that issue was not properly before it.