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NORTH CAROLINA EX REL. NORTH CAROLINA DEPT. OF ADMIN. v. ALCOA POWER GENERATING, INC.

No. 5:13-CV-633-BO.

989 F.Supp.2d 479 (2013)

State of NORTH CAROLINA, by and through its agency, the NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, Plaintiff, and Yadkin Riverkeeper, Inc., Plaintiff-Intervenor, v. ALCOA POWER GENERATING, INC., Defendant.

United States District Court, E.D. North Carolina, Western Division.

November 27, 2013.

Attorney(s) appearing for the Case

Ann Wilkinson Matthews, Gary Mark Teague, N.C. Attorney General's Office, Donald R. Teeter, Sr., N.C. Dept. of Justice, Raleigh, NC, for Plaintiff.

James P. Longest, Jr., Duke Environmental Law and Policy Clinic, Durham, NC, for Plaintiff-Intervenor.

Caroline Batchelor McLean, Joseph A. Schouten, Gary J. Rickner, Ward and Smith, P.A., Raleigh, NC, E. Bradley Evans, Ward & Smith, P.A., Greenville, NC, Ryal W. Tayloe, Ward and Smith, P.A., Wilmington, NC, Candice Chiu, Erin E. Murphy, Paul D. Clement, Bancroft PLLC, Washington, DC, for Defendant.

ORDER

TERRENCE W. BOYLE, District Judge.

This cause comes before the Court on the State's motion to remand. A hearing was held on this matter before the undersigned on November 14, 2013, at Raleigh, North Carolina. For the reasons discussed below, the State's motion is denied.

BACKGROUND

The State filed this declaratory judgment action in Wake County Superior Court seeking a declaration that, inter alia, roughly thirty...

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