Nucor Corp. has filed a lawsuit seeking to halt construction of the Big River Steel (BRS) electric-arc-furnace steel mill, which is being built in Mississippi County, Arkansas, in the city of Osceola, which is also the site of the company's headquarters. The steel company, headquartered in Charlotte, North Carolina, says its complaint centers on the way BRS obtained an air permit for the project.
In its suit, Nucor claims BRS failed to follow proper permitting requirements in obtaining the air permit and that emissions from the plant will hurt Nucor’s employees. Nucor operates a steel minimill in Blytheville, Arkansas, less than 20 miles from Big River’s site in Osceola.
BRS has filed a motion to dismiss Nucor’s suit.
According to an article by NPR affiliate KASU, State University, Arkansas, attorneys for Big River Steel have filed a 50-page reply memorandum in support of a motion to dismiss the suit against Big River Steel that argues that Nucor has already lost the case at the state permit level.
The article cites the brief, written by Baker Hostetler LLP, “Nucor’s opposition to Big River Steel’s motion to dismiss confirms that it has already challenged Big River Steel’s air permit before the Arkansas Pollution Control & Ecology Commission, but received an adverse 71-page decision affirming that Big River Steel’s permit meets all applicable requirements of Arkansas and federal law. The question for this court is whether Congress intended for the Clean Air Act to authorize dissatisfied litigants, like Nucor, to run to federal court to challenge any or all of those 688 permits (the number of permits expected to be approved by federal regulators annually)? Big River Steel respectfully suggests that the answer is ‘no.’”
Martin Booher, a partner with the law firm Baker Hostetler, which represents BRS in the case, says, “Big River Steel has a valid permit and is proceeding with its construction activities as planned.”
Nucor did not return calls from Recycling Today seeking comment on the case.