Lawsuit against Big River Steel dismissed by federal judge

LITTLE ROCK (Scrap Monster): The lawsuit filed by rival Charlotte, North Carolina-based Nucor Steel against the Big River Steel (BRS) plant has been dismissed without prejudice by a US Federal judge. The four-day adjudicatory hearing conducted by the state’s Pollution Control and Ecology Commission had reaffirmed the final permit issued to BRS.

Earlier, Nucor in its 697-page filing with the Arkansas Department of Environmental Quality (AEDQ), had challenged the air quality permits of BRS. Nucor had alleged that the agency had a conflict of interest due to the direct financial investment by a State Agency. Further, it stated that BRS has not yet finalized the design and placement of emission sources. Nucor also alleged that the application submitted by BRS comprises of incorrect and inadequate data.

Nucor which has two steel facilities near Blytheville had opposed BRS from the beginning, saying that the steel industry in Arkansas can't absorb another mill and another facility would force them to scale back their Arkansas workforce.

Following the ruling, Cleveland-based law firm Baker & Hostetler, representing BRS, expressed satisfaction on the decision to dismiss legal challenge to the ongoing steel plant. It further noted that Nucor’s challenges are aimed at preventing BRS from entering the market. It also stated that BRS still continues to wonder why a big player like Nucor which represents almost 25% of the North American steel producing capacities is worried by establishment of a new mill which is expected to account only for less than 1.5% of the region’s steel production.

BRS’ flat rolled steel mill is expected to create 525 permanent jobs at an average salary of $75,000 a year. This is in addition to thousands of construction jobs.