Law Library Archive

These are selected legal documents filed by SELC staff from 2000 through 2006. You can also view current filings. All files are in PDF format. Some are very large and may take some time to download, depending on your Internet connection.

Browse the 2007-2008 library by program area: Healthy Air, Clean Water, Southern Forests, Land and Community, Coast and Wetlands

Healthy Air

Environmental Defense v. Duke Energy Corporation: July 14, 2006; Brief regarding the Fourth Circuit's decision regarding Duke Energy Corporation's violation of the Clean Air Act, in appeal to the Supreme Court

SELC comment letter to the North Carolina Division of Air Quality: June 30, 2006; Comments on Draft Mercury Rules for Electric Generators and North Carolina's Proposal to Implement the Federal Clean Air Mercury Rule

Sierra Club and Environment North Carolina v. U.S. Environment Protection Agency and Stephen L. Johnson: June 23, 2006; Petition for review of U.S. E.P.A. rule regarding clean air in North Carolina

SELC comment letter to South Carolina Department of Health and Environmental Control: November 21, 2005; Additional comments regarding Clean Air Mercury Rule

SELC comment letter to South Carolina Department of Health and Environmental Control: October 24, 2005; Comments regarding Clean Air Mercury Rule and support for further action in South Carolina

SELC comment letter to Department of Environmental Quality: August 10, 2005; Comments regarding Clean Air Mercury Rule and suggestions for further action in Virginia

SELC comment letter to North Carolina Division of Air Quality: June 17, 2005; Comments regarding Clean Air Mercury Rule and suggestions for further action in North Carolina

SELC comment letter to South Carolina Department of Health and Environmental Control: June 16, 2005; Comments addressing South Carolina's Early Action Compact State Implementation Plan

United States of America, Environmental Defense, North Carolina Sierra Club, and North Carolina Public Interest Research Group Citizen Lobby/Education Fund v. Duke Energy Corporation: June 15, 2005; Judge's opinion regarding Duke Energy Corporation's alleged plant modifications in violation of Clean Air Act and without permits

Environmental Defense, National Wildlife Federation, and Sierra Club v. U.S. Environmental Protection Agency and Stephen L. Johnson: June 14, 2005; Motion for intervention in case regarding EPA's violation of Clean Air Act with respect to mercury pollution

SELC comment letter to U.S. Environmental Protection Agency: June 4, 2005; Comments in response to EPA's proposed Utility Mercury Reductions Rule

United States of America and Alabama Environmental Council v. Alabama Power Company: June 3, 2005; Memorandum opinion on correct legal tests regarding Alabama Power Company's alleged violations of Clean Air Act

SELC comment letter to South Carolina Department of Health and Environmental Control: November 22, 2004; Comments in response to draft of South Carolina's Early Action Compact State Implementation Plan

United States of America, Environmental Defense, North Carolina Sierra Club, and North Carolina Public Interest Research Group Citizen Lobby/Education Fund v. Duke Energy Corporation: September 3, 2004; Opening brief regarding Duke Energy Corporation's alleged plant modifications in violation of Clean Air Act and without permits

SELC comment letter to Office of Air Quality Planning and Standards and U.S. Environmental Protection Agency: January 14, 2004; Comments concerning EPA's proposal to implement Early Action Compact program

SELC comment letter to North Carolina Division of Air Quality: May 20, 2003; Comments concerning EPA's proposal to implement Early Action Compact program in North Carolina

United States of America and Alabama Environmental Council, Inc. v. Alabama Power Company: April 1, 2001; Complaint brought againts Alabama Power Company for alleged violations of Clean Air Act

Clean Water

SELC comment letter to NC Divsion of Water Resources: October 31, 2006; Comments on the final environmental impact statment for the proposed interbasin transfer of water for the applicant cities of Concord and Kannapolis

Business Alliance for Responsible Development, Inc. v. Storm Water Management Authority, Inc.: June 20, 2006; Motion to intervene in case regarding management of stormwater in Jefferson County, AL, in compliance with the Clean Water Act

SELC comment letter to Division of Water Quality: August 1, 2005; Inadequacy of proposed BMPs for Rose Acre Farms in Hyde County, North Carolina

SELC objections to court order for Durango Georgia Paper bankruptcy: June 29, 2005; Objections of order regarding bids for water rights after shutdown of Durango Georgia Paper company

SELC comment letter to Office of the Attorney General: May 24, 2005; Relicensing of dams that would affect South Carolina water quality and quantity

Upper Chattahoochee Riverkeeper Fund, Inc., COOSA River Basin Initiative, and Altamaha RIverkeeper Inc. v. Environmental Protection Division of Georgia Department of Natural Resources: April 18, 2005; Petition against permit authorizing disposal of discharge pollutants in storm water of industrial facilities to Georgia waterways

Dean Naujoks, Upper Neuse Riverkeeper, Larry Baldwin, Lower Neuse Riverkeeper, and Neuse River Foundation, Inc. v. North Carolina Division of Water Quality: March 31, 2005; Prehearing statement regarding Division of Water Quality's alleged modification of permit without public notice and violation of water quality regulations in Neuse River Basin

Mobile Bay Watch, Inc./Mobile Baykeper, and Alabama Rivers Alliance, Inc. v. Federal Highway Administration, Joe D. Wilkerson, Alabama Department of Transportation, and Duncan Joseph McInnes: February 10, 2005; Complaint regarding consequences of New Highway 98 construction in Mobile County, Alabama

Martin Marietta Materials, Inc. v. United States Army Corps of Engineers: December 21, 2004; Memorandum of Law for intervenors regarding desired reversal of Corps' jurisdictional determination

Martin Marietta Materials, Inc. v. United States Army Corps of Engineers: December 21, 2004; Motion to intervene in case regarding desired reversal of Corps' jurisdictional determination

Table Rock Chapter of Trout Unlimited and Catawba Riverkeeper Foundation v. Environmental Management Commission and Duke Energy: December 13, 2004; Petition concerning Environmental Management Commission's failure to adequately protect trout population in North Carolina

SELC comment letter to North Carolina Division of Water Quality: November 4, 2004; Comments in response to Town of Butner's request to modify individual NPDES permit

James River Association v. Commonwealth of Virginia Waste Management Board and Waste Management of Virginia, Inc., Charles City County: October 27, 2004; Memorandum of Law regarding Waste Management Board's regulations pertaining to waste barge container standards and testing requirements

SELC comment letter to Georgia Department of Natural Resources: October 21, 2004; Comments concerning Environmental Protection Division's proposed ammendments to Georgia's Rules for Erosion and Sedimentation Control

SELC comment letter to North Carolina Division of Water Quality: August 25, 2004; Comments regarding Rose Acre Farms' NPDES permit application

Table Rock Chapter of Trout Unlimited, Catawba Riverkeeper Foundation, and American Rivers: April 2, 2004; Petition requesting reclassification of Catawba River's Bridgewater Dam tailwater

North Carolina Coastal Federation, North Carolina Shellfish Growers Association, North Carolina Trout Unlimited, and Environmental Defense v. Rules Review Commission: March 8, 2004; Complaint regarding violations of the North Carolina Constitution and the Administrative Procedure Act by the Rules Review Commission

Briefing of Environmental Protection Agency's alleged lack of standards in regard to animal waste: November 7, 2003

Southern Forests

National Audubon Socieyt, et al, v. Dirk Kempthorne, Secretary of the Intieror: August 16, 2006; Stipulated settlement agreement setting a deadline for US Fish and Wildlife Service to render a decision on Cerulean Warbler listing petition

SELC comment letter to Grandfather Ranger District, Pisgah National Forest, NC: August 9, 2006; Comments on draft Environmental Assessment of the proposed Globe timber sale

SELC comment letter to USDA Forest Service: May 1, 2006; Comments on proposal to sell national forest lands to fund Secure Rural Schools Community and Self-Determination Act

SELC comment letter to Great Smoky Mountains National Park: April 7, 2006; Comments on the draft EIS for the North Shore Road proposal

National Audubon Society, Defenders of Wildlife, Southern Appalachian Biodiversity Project, Western North Carolina Alliance, and Heartwood v. Gale Norton and U.S. Fish and Wildlife Service: February 28, 2006; Complaint regarding Defendents' failure to process Plaintiffs' petition to list Cerulean Warbler as threatened species

SELC comment letter to Secretary of Agriculture: December 23, 2005; Public recommendations for 2007 Farm Bill

Petition before the U.S. Department of Interior, Office of Surface Mining to designate certain lands in Tennesseeas unsuitable for surface coal mining operations: November 10, 2005

SELC comment letter to Great Smoky Mountains National Park: April 1, 2005; Support of monetary settlement alternative for North Shore Road Project

SELC comment letter to USDA Forest Service: November 12, 2004; Oppostion of proposal to eliminate 2001 Roadless Area Conservation Rule

Cherokee Forest Voices v. United States Forest Service: September 2, 2004; Challenge of timber sales in Cherokee National Forest

Appeal by Cherokee Forest Voices: January 26, 2004; Challenge to Decision Notice, Finding of No Significant Impact, and Environmental Assessment for the Flatwoods project

Petition under the Endangered Species Act to list the Cerulean Warbler as a threatened species: October 31, 2000

Land and Community

SELC comment letter to Virginia Department of Transportation and Federal Highway Administration: May 29, 2006; Official comments on Draft Environmental Impact Statement on proposal to widen Interstate 81 through Virginia

SELC comment letter to South Carolina Department of Transportation: January 10, 2006; Letter on South Carolina's high priority projects earmarks under SAFETEA-LU

Columbia Venture, LLC v. The Federal Emergency Management Agency: December 20, 2005; Notice of appeal

Columbia Venture, LLC and Heathwood Hall Episcopal School v. The Federal Emergency Management Agency and South Carolina Wildlife Federation, Riverland Park Neighborhood Association, Dr. John Grego, and Dr. Daniel Tufford: November 18, 2005; Judge's orders declaring FEMA's 2001 base flood determinations null and void

SELC comment letter to Federal Highway Administration: June 27, 2005; Concerns about DEIS for Manassas National Battlefield Park Bypass Study

SELC comment letter to Virginia Department of Transportation: June 13, 2005; Concerns about DEIS for Tri-County Parkway Location Study

SELC comment letter to Alabama Department of Transportation: May 6, 2005; Concerns about DEIS for Birmingham Northern Beltline Project

Columbia Venture, LLC v. The Federal Emergency Management Agency: March 31, 2005; Request by Defendents-Intervenors of motion for summary judgement regarding FEMA's designation of a regulatory floodway on CV property

Notice of intent to commence civil action against South Carolina Department of Transportation, Palmetto Transportation Constructors, R.E. Goodson Construction Company, and A.O. Hardee Company: July 9, 2003; Carolina Bays Parkway violations to Clean Water Act

Columbia Venture, LLC v. The Federal Emergency Management Agency: December 12, 2002; Motion to intervene as defendents regarding challenge of FEMA's Flood Insurance Rate Map opn CV's property

The Piedmont Environmental Council and Sierra Club v. United States Department of Transportation: August 21, 2001; Judge's opinion regarding motions for summary judgement in Albemarle County Bypass project

Coast and Wetlands

Alliance to Save the Mattaponi, The Chesapeake Bay Foundation, Inc., and Sierra Club Virginia Chapter v. U.S. Army Corps of Engineers, Francis J. Harvey, Carl Strock, and William T. Grisoli: July 17, 2006; Complaint against issuance of permit by Corps of Engineers to the City of Newport News, Virginia, to build reservoir in King William County, Virginia

SELC comment letter to U.S. Army Corps of Engineers: May 30, 2006; Permit application for widening of Highway 17, South Carolina

SELC comment letter to U.S. Army Corps of Engineers: March 9, 2006; Proposed marine container terminal at the Charleston Naval Complex, South Carolina

SELC comment letter to U.S. Army Corps of Engineers and S.C. Department of Health and Environmental Control: March 6, 2006; Permit request to fill wetlands in Santee River/Upper Lake Marion floodplain for construction of Briggs-DeLaine-Pearson Connector

Center for a Sustainable Coast, Georgia River Network, and Satilla Riverwatch Alliance v. Coastal Marshlands Protection Committee and Point Peter, LLP: February 21, 2006; Ruling regarding permits for community docks and marinason Point Peter Creek in St. Marys, Georgia

SELC comment letter to Naval Facilities Engineering Command Atlantic: January 30, 2006; DEIS for proposed undersea warfare training range off North Carolina

Amicus brief: Rapanos v. United States and Carabell v. Army Corps of Engineers: January 13, 2006; Amicus brief advising that wetlands adjacent to tributaries affect the integrity of downstream waters, concerns Clean Water Act

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy and Wayne Arny; National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: December 20, 2005; Navy's violation fo National Environmental Policy Act and the Coastal Zone Management Act in connection with proposal for Outlying Landing Field on North Carolina coast

SELC comment letter to Charleston District, Corps of Engineers: December 19, 2005; Concerns about DEIS for the Proposed Marine Container Terminal at Charleston Naval Complex, North Carolina

National Wildlife Federation and Center for a Sustainable Coast v. U.S. Army Corps of Engineers, Lt. General Carl A. Strock, Colonel Mark S. Held, and TE Consolidated LLC: December 9, 2005; Violations in federal law by U.S. Army Corps of Engineers in permitting the mining and destruction of wetlands in Brantley County, Georgia

SELC comment letter to U.S. Army Corps of Engineers: September 1, 2005; Notice of intent to commence civil action regarding determination that tract of Georgia wetlands not subject to Clean Water Act

SELC notice to United States Department of the Interior, Federal Highway Administration, United States Forest Service, United States Army Corps of Engineers, and United States Fish and Wildlife Service: August 12, 2005; Supplement to 2003 and 2004 notices of violations of ESA in connection with proposed widening of Steed Creek Road in Francis Marion National Forest, South Carolina

Satilla Riverwatch Alliance, Inc., Satilla Riverkeeper, and Center for a Sustainable Coast v. Coastal Marshes Protection Committee: August 5, 2005; Appeal for Petition for Hearing to reverse and remand CMPA permit authorizing construction of private marina on state-owned Georgia marshlands/dd>

SELC comment letter to U.S. Fish and Wildlife Service: August 5, 2005; Request for review process regarding issuance of permit for proposed King William Reservoir

National Audubon Society, North Carolina Wildlife Federation, Defenders of Wildlife, Washington County, North Carolina, and Beaufort County, North Carolina v. Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: June 28, 2005; Plaintiffs' challenge of Navy's decision to develop Outlying Landing Field on 30,000 acre plot of land in North Carolina

Center for a Sustainable Coast, Georgia River Network, and Satilla Riverwatch Alliance v. Coastal Marshlands Protection Committee: April 4, 2005; Petition for Hearing to reverse and remand CMPA permit authorizing construction of private marina on state-owned Georgia marshlands

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Wayne Arny; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. United States Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: January 11, 2005; Plaintiffs' Memorandum of Law in reply to Navy's opposition to plaintiffs' motion for summary judgement on the MOA claims regarding development of Outlying Landing Field in North Carolina

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Wayne Arny; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. United States Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: January 11, 2005; Plaintiffs' Memorandum of Law in reply to Navy's opposition to plaintiffs' motion for summary judgement regarding development of Outlying Landing Field in North Carolina

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Wayne Arny; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. United States Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: January 10, 2005; Plaintiffs' Memorandum of Law in reply to Navy's opposition to plaintiffs' motion for summary judgement on the MOA claims regarding development of Outlying Landing Field in North Carolina

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Wayne Arny; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. United States Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: December 20, 2004; Plaintiffs' Memorandum of Law in response to defendants motion for summary judgement regarding development of Outlying Landing Field in North Carolina

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Wayne Arny; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. United States Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: December 20, 2004; Plaintiffs' response to defendants' motion for summary judgement (MOA claim) regarding development of Outlying Landing Field in North Carolina

Satilla Riverwatch Alliance, Center for a Sustainable Coast, and Altamaha Riverkeeper v. Coastal Marshlands Protection Committee: December 8, 2004; Petition for hearing regarding authorization of construction of private marina on state-owned Georgia marshlands

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Wayne Arny; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. United States Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: November 22, 2004; Plaintiffs' Memorandum of Law in support of motion for summary judgement on the MOA claims regarding development of Outlying Landing Field in North Carolina

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Wayne Arny; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. United States Department of the Navy, Gordon R. England, Wayne Arny, and C.S. Patton: November 22, 2004; Plaintiffs' Memorandum of Law in support of motion for summary judgement regarding development of Outlying Landing Field in North Carolina

National Audubon Society, North Carolina Wildlife Federation, Defenders of Wildlife, Washington County, North Carolina, and Beaufort County, North Carolina v. Department of the Navy, Gordon R. England, Wayne Arny, and C.S. patton: November 22, 2004; Response brief of plaintiffs in Navy's Outlying Landing Field case in North Carolina

SELC comment letter to U.S. Army Corps of Engineers: May 5, 2004; Support for denying proposal to construct residential development on Point Peter Creek, Georgia

SELC comment letter to Regulatory Division: April 15, 2004; Suggestions regarding proposed marine container terminal at Charleston Naval Complex

SELC comment letter to South Carolina Department of Transportation: March 19, 2004; Comments concerning preparation of EIS for proposed alternative corridors for Interstate 73 through South Carolina

SELC comment letter to Environmental Affairs II Subcommittee: March 15, 2004; Concerns regarding South Carolina Isolated Wetlands Act of 2004 as possible rollback for wetland protection

Washington County, North Carolina and Beaufort County, North Carolina v. United States Department of the Navy, Gordon R. England, and Hansford T. Johnson; The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. Department of the Navy, Gordon R. Enlgand, Hansord T. Johnson, and R. M. Flanagan: February 9, 2004; Plaintiffs' Memorandum of Law in support of joint motion for preliminary injunction regarding development of Outying Landing Field in North Carolina

The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife v. Department of the Navy, Gordon R. England, Hansford T. Johnson, and R.M. Flanagan: January 8, 2004; Complaint of Navy's decision to construct Outlying Landing Field in North Carolina in violation of the National Environmental Policy Act of 1969

SELC comment letter to South Carolina Department of Health and Environmental Control: December 5, 2003; Concerns regarding proposed regulations for South Carolina isolated wetlands

SELC comment letter to Naval Facilities Engineering Command: August 13, 2003; Comments on Final EIS for proposed Outer Landing Field

SELC comment letter to South Carolina Department of Transportation, HBG Flatiron, Inc., A.O. Hardee and Son Inc., R.E. Goodson Construction Co. Inc., and Tidewater Construction Corporation: July 9, 2003; Notice of intent to commence civil action due to Carolina Bays Parkway being out of compliance with National Environmental Policy Act

Petition for South Carolina Department of Health and Environmental Control to issue declaratory rulings and rulemaking to protect South Carolina wetlands: October, 31, 2002

Center for a Sustainable Coast, Sierra Club, and Altamaha Riverkeeper v. Coastal Marshlands Protection Committee: March 9, 2001; Petition for Hearing in response to permit authorizing Emerald Point, L.L.C. to construct three private bridges through state-owned Georgia marshlands

North Carolina Shellfish Growers Association and North Carolina Coastal Federation v. Holly Ridge Associates, L.L.C.: February 20, 2001; Complaint regarding violations of federal environmental laws by Holly Ridge Associates, L.L.C. on Morris Landing Tract, North Carolina

South Carolina Coastal Conservation League, National Wildlife Federation, Coastal Georgia Center for Sustainable Development, and South Carolina Wildlife Federation v. Dr. Joseph W. Westphal, Lt. Gen. Joe N. Ballard, Maj. Gen. Hans A. Van Winkle, Col. Joseph K. Schmitt, and United States Army Corps of Engineers: March 13, 2000; Complaint against U.S. Army Corps of Engineers for recommending and authorizing a Georgia Ports Authority project to deepen shipping channel in Savannah Harbor.