Junior Berger gives thumbs-up to pollution of Blount’s Creek

I’m sure daddy is very proud:

68. Petitioners argued that DWR underestimated or understated the effects the proposed discharge will likely have on the Blounts Creek aquatic ecosystem, including effects on flow, pH, salinity, benthos, fish, and the existing biological community of Blounts Creek.

69. DWR’s findings and inferences regarding the predicted effects of the proposed discharge fall within “specialized knowledge of the agency.” As such, the undersigned is required to give such facts and inferences “due regard” pursuant to the APA. N.C. Gen. Stat. § 150B-34(a).

The above excerpts are mild in comparison with a lot of other language in this order. Usually, you’ll find deference to opposing views/positions in these point-by-point decisions, but Berger went out of his way to toss in “not convincing” and “failed to prove” wherever he could. I also find the timing of this order questionable. Had he made this decision before the Election, it might have kept him from winning a seat on the NC Court of Appeals, if enough anger and outrage could have made it into print. Grrr.

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