Court issues order on issue of navigability

U.S. District Court Judge Terrence W. Boyle ruled that the Yadkin River was not navigable in an order containing his findings of fact and conclusions of law as to navigability in the lawsuit between Alcoa and the State of North Carolina.

The May 6 order states that the State of North Carolina failed to meet its burden of proof that the relevant segment of the Yadkin River (the 45-mile area where Alcoa's hydroelectric dams are located) was navigable for commerce at the time of statehood.

"All of the evidence suggests that the Relevant Segment was never, at any point in history, navigated for commerce in its entirety, nor could it have been," states Judge Boyle. 

Click here to read the entire order.