WILMINGTON, NC (WECT) – The cement company, Titan America, and the North Carolina Division of Air Quality (DAQ) fell in the favor a judge Monday.
Judge Beecher Gray signed a decision that states DAQ did not "substantially prejudice the petitioners' rights" by issuing Carolinas Cement Company LLC an air permit in February 2011. Petitioners alleged that DAQ "substantially prejudiced petitioners' rights and exceeded its authority."
Carolinas Cement was issued an air permit from DAQ after four years and two rounds of extensive technical reviews. Ever since then they have been met by protestors at every corner.
Bob Odom, the general manager of Carolina Cement Company, said, "The state's handling of the air permitting process was comprehensive, transparent and exhaustive in its attention to detail. It may well be the most carefully examined permit application ever issued by North Carolina." Odom continued, "We look forward to moving beyond this lawsuit so we can bring much-needed, good jobs to New Hanover County."
The decision will not be finalized until it is reviewed by the NC Environmental Management Commission. The commission is responsible for adopting rules for the protection, preservation, and enhancement of the state's air and water resources.
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