Environmental Justice

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Clayton, et. al. v. Person County

Awaiting Decision

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North Carolina

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Updated 06/12/2026

SCSJ is challenging Person County's rezoning of parcels from rural residential and conservation designations to industrial zoning.

Aerial View of Rural North Carolina showing farmland on a cloudy day

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Case Documents

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Case Summary

SCSJ is challenging Person County's rezoning of parcels from rural residential and conservation designations to industrial zoning. Dominion Energy's plans to construct and operate the proposed Moriah Energy Center (MEC) liquified methane storage facility on the rezoned parcels. The liquified natural gas storage and distribution facility will create numerous harmful health and environmental impacts for the nearby community.

The complaint, filed in partnership with co-counsel from the Law Offices of F. Bryan Brice, Jr., alleges that Person County and its Board of County Commissioners ignored the sincere concerns and compelling public testimony from residents when approving MEC's rezoning. SCSJ filed the complaint on Feb. 2, 2024, on behalf of Person County Community Action Network and 8 plaintiffs (Kristopher Clayton, James Dykes, Berhard Lampert, Mary Amanda Hamill, John Hoffman, Shari Jill Stowers-Hoffman, David Thompson, and Doris Ann Thompson). The Public Service Company of North Carolina, Inc. (PSCNC) doing business as Dominion Energy, intervened in the case. The county and PSCNC have filed motions to dismiss the case. A case status conference and potential motions hearings will take place in July, 2024, in Person County Superior Court.

In July 2024, the Superior Court dismissed all plaintiffs in the case except for one. Our legal team filed an appeal, which is fully briefed and awaiting a ruling from the Court of Appeals.

 

Why it's Important

The Moriah Energy Center would emit more than 65,000 tons of greenhouse gases each year, in addition to dangerous air pollutants, potential gas leaks and safety concerns, and deforestation. The facility would also create numerous health and environmental impacts for nearby residents including increased noise and traffic, less safe traffic conditions; odor and light pollution; toxic and hazardous air emissions and related environmental and health effects; construction traffic, noise, and debris; risks to surface and groundwater drinking sources; and increased use and overburdening of public infrastructure.

Case Documents

Appellate Brief
Filed: 9/8/2025

Notice of Appeal
Filed: 1/10/2025

Verified Amended Complaint with Exhibits
Filed: 10/23/2024

Rule 25 Motion for Substitution
Filed: 10/23/2024

Complaint with Exhibits
Filed: 2/2/2024

Case Contact

James Huey Headshot

James Huey

James Huey joined Southern Coalition for Social Justice in 2023 and serves as Counsel for Environmental Justice. James grew up in Charleston, S.C., and he graduated from the University of […]