Appeals Court Upholds Dismissal Of Steel Mill Lawsuit

Jun 8, 2016

File photo. Construction of Big River Steel plant in Mississippi County.
Credit bigriversteel.com

A federal appeals court panel has upheld a judge's decision to dismiss a steel company's lawsuit challenging a rival's $1.3 billion steel mill in northeast Arkansas.

The 8th U.S. Circuit Court of Appeals on Wednesday upheld U.S. District Judge Leon Holmes' dismissal of the lawsuit by Nucor Steel that sought to stop Big River Steel from building a steel mill in Osceola, about 20 miles from a Nucor plant.

Nucor had appealed Holmes' ruling that the court didn't have jurisdiction over the case.

Nucor argued that the permit application doesn't meet federal and state air quality requirements, and that a proper review of an administrative law judge's decision approving the permit wasn't performed. It also argued that Big River misrepresented whether the plant equipment could meet the emissions standards.