By Walter F. Roche Jr.
A hearing on the appeal in a suit filed by opponents of the US Nitrogen project has been rescheduled for Aug. 5 in Nashville.
Papers filed in Davidson Chancery Court show the hearing, originally scheduled for July 1, will be held before Chancery Judge Claudia Bonnyman.
Ann Calfee and other opponents of the US Nitrogen project are appealing Bonnyman's decision to dismiss the suit they filed challenging the legality of a permit issued by the Tennessee Department of Transportation allowing a pipeline to be built from the US Nitrogen plant to the Nolichucky River.
Bonnyman ruled that Calfee and the other plaintiffs did not have legal standing to challenge the permit.
Records at the Tennessee Department of Environment and Conservation show that the 12 mile pipeline has been utilized over the past several months to draw millions of gallons of water although the US Nitrogen plant has not yet begun full operation.
The suit charges that TDOT exceeded its authority when it issued the permit because US Nitrogen is not a public utility, a requirement of the statute.
In addition to Calfee other plaintiffs in the suit are Don Bible, Jack Renner, Jeremiah Cluesman, Ruth Dolin and Reuben Stone. All live along the Nolichucky and contend the pipeline will cause them actual injury.
Bonnyman ruled that none of the plaintiffs met any of the three requirements to challenge the permit.