NEW YORK The U.S. Environmental Protection Agency
(EPA) is satisfied with Nucor Corp.s environmental
permits for its direct-reduced iron (DRI) facility in
Louisiana, the company stressed in a note to investors this
The clarification follows the dismissal of a lawsuit by the
U.S. Court of Appeals for the Fifth Circuit, which said it
lacked jurisdiction. The suit, brought by the Louisiana
Department of Environmental Quality (LDEQ) against the EPA,
sought to have an objection to the permits vacated by the
court. Nucor was granted intervener status in the case.
LDEQ and Nucor argued that the objection issued by
the EPA was an objection only in name as it failed to
revoke, modify or terminate the permit as required
by the Clean Air Act.
Nucor said in its note to investors that during the hearing in
the case, the EPA said it had no issue with the permits and no
challenge to them. A recording of the oral arguments details
that when asked by a judge, What issues remain open as
pertains to this litigation? counsel for the Department
of Justice (DOJ), which represented the EPA, said, We do
not believe there are any. Despite this, however, the EPA
has not withdrawn its objection, a fact also noted by the
court: But it is still open..., one of the three
Although the appeals court ruled it did not have jurisdiction,
the court was nonetheless scathing of the EPA during the
Go back to your people and say get this
done, another of the judges told the DOJ
During the hearing, Nucor counsel David R. Taggart, a partner
at Bradley Murchison Kelly & Shea LLC in Shreveport, La,
told the court that it was looking for the objection to be
vacated, to which a judge asked, And what would the
result (of that) be?
The result (would be) that our permit is not in
jeopardy, the attorney said.
In its note to investors, Nucor said the LDEQ/EPA litigation is
about overall EPA procedural issues that are not specific to
its Louisiana air permits.