Judge temporarily halts fracking permitting in North Carolina | News
News
INDY Week's news blog

Archives | RSS

Wednesday, May 20, 2015

Judge temporarily halts fracking permitting in North Carolina

Posted by on Wed, May 20, 2015 at 10:44 AM

gas-flaring-cc-adam-.jpg
  • Creative Commons License

Wake County Superior Court Judge Donald Stephens has ordered North Carolina to cease accepting or processing fracking permits, pending an ongoing legal battle over the constitutionality of the state's appointed Mining and Energy Commission (MEC).

The Southern Environmental Law Center, a nonprofit that specializes in legal work on environmental issues, announced the injunction Wednesday morning. The legal move effectively reinstated North Carolina's drilling moratorium, which lawmakers voted to lift last year.

The decision stemmed from a suit brought by the Haw River Assembly in Chatham County and one Lee County landowner. Lawyers for the two parties used Gov. Pat McCrory's ongoing legal challenge to argue that fracking should be stayed until the question of MEC's constitutionality is settled. The groups also say that any regulations written by the MEC should be declared "null and void."

Last year, McCrory and two former governors argued in court that legislators violated the state's constitution by giving themselves the authority to appoint a majority of the members on newly-created boards such as the MEC and the Coal Ash Commission.

A three-judge panel of Superior Court judges sided with McCrory in March, but the state's Supreme Court is expected to hear an appeal of that decision this summer.

"The citizens of North Carolina deserve to have a lawful, accountable and representative agency to put in place strong protections that safeguard our communities and water supplies from the risks and harms of fracking," said Elaine Chiosso, executive director of the Haw River Assembly, in a statement.

The injunction comes two weeks after the environmental group Clean Water for N.C. filed a separate legal challenge to the MEC's authority, claiming lawmakers also violated the constitution by giving the board the power to overrule any local bans or regulations on drilling.

Tags: , , , , , ,

Pin It

Comments

Subscribe to this thread:

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in News



Twitter Activity

Comments

WELCOME TO THE GREAT KINGDOM OF RICHES,FAME AND POWERS. Are you a business,Man or woman, politician,student and you want to …

by illuminati kingdom on Durham Sheriff Mike Andrews Denies Saying “Amen” to a Racist Facebook Comment (News)

Police murdered MR. CLARK and got away with it. IT WON'T STOP UNTIL ALL DIRTY COPS ARE BROUGHT TO JUSTICE!!!!!!!!!!!!!!!!!!!!

by William Parker on Durham Police Fatally Shoot Man At New Hope Commons Shopping Center (News)

Most Recent Comments

WELCOME TO THE GREAT KINGDOM OF RICHES,FAME AND POWERS. Are you a business,Man or woman, politician,student and you want to …

by illuminati kingdom on Durham Sheriff Mike Andrews Denies Saying “Amen” to a Racist Facebook Comment (News)

Police murdered MR. CLARK and got away with it. IT WON'T STOP UNTIL ALL DIRTY COPS ARE BROUGHT TO JUSTICE!!!!!!!!!!!!!!!!!!!!

by William Parker on Durham Police Fatally Shoot Man At New Hope Commons Shopping Center (News)

In the Montessori School of Raleigh Defendants' Answer and Affirmative Defenses to the 18 CVS 000702 case in Superior Court …

by Sam Harrison on Breaking: Nancy Errichetti, Head of the Montessori School of Raleigh, Arrested for Allegedly Aiding and Abetting Sexual Abuse (News)

Ingrid - the facts are coming out, you're right. But they don't support your assertions, sorry to say. Too many …

by ToWhomItMayConcern on Montessori School of Raleigh Directress Says She Was Fired for Talking to the Cops About Sexual Abuse at the School (News)

I just read this salacious thread for the first time and unfortunately found it to be overflowing with misleading information …

by Ingrid Flutter on Montessori School of Raleigh Directress Says She Was Fired for Talking to the Cops About Sexual Abuse at the School (News)

© 2018 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation