Judge rules in favor of Duke Energy against Jackson County
| The Issue
Duke Energy, as part of a complex hydroelectric re-licensing settlement, wants to remove the aging Dillsboro Dam to mitigate its use of public waters elsewhere in the region. Jackson County argues that Duke hasn’t given up enough in the settlement, that the dam could be used to produce energy locally, and that it has historic significance. The five-year-old dust-up has made for strange allies, with clean water concerns falling on both sides of the issue, with paddler-oriented environmentalists siding with Duke, and with Lake Glenville homeowners taking sides with the county |
UPDATE 4.03.09: Judge Laura Bridges ruled in favor of Duke Power in the judgment outlined below, and ordered Jackson County to issue the relevant permits. The county has appealed.
UPDATE 4.04.09: Ruling available at Sylva Herald blog here.
SYLVA–Attorneys representing Duke Energy and Jackson County met in superior court Monday, March 16, seeking a partial summary judgment in the ongoing dispute over the fate of the century-old Dillsboro Dam (map it).
Dillsboro Dam
The hearing took place before Judge Laura Bridges, who by her own admission has some studying to do about the five-year-old conflict. Judge Marlene Hyatt, who is familiar with the case, recently retired.
Monday’s hearing was centered on Jackson County’s refusal to grant permits for Duke to begin dredging sediment from behind the dam in preparation for demolition — something the Federal Energy Regulatory Commission has asked it to do. Jackson County has refused to grant the permits until other facets of pending litigation are cleared up, contending that its own suits against Duke are so intertwined with the dam’s removal that they must be decided before removal can go forward. Duke argues that FERC’s ruling supersedes the rights of the county to deny permitting.
Judge Bridges heard the argument, and said that she’d rule in a week or so, as soon as she waded through the history of the case.
Read an account of Judge Bridges’ decision from Lynn Hotaling at the Sylva Herald
Read an account of earlier proceedings here, from Justin Goble at the Sylva Herald.
Tags: Dillsboro, dillsboro dam, duke energy, federal, federal energy regulatory commission, federal energy regulatory commission ferc, Jackson County, Sylva, Sylva Herald, Tourism, tourism industry, Tuckasegee
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