A North Carolina judge has blocked the Environmental Regulatory Commission's lawsuit for the time being, but state courts have ruled that legal changes to the Commission's composition will prevent it from enforcing effective laws to control pollution. The state is considering Governor Roy Cooper's claim that there is.
Superior Court Judge Rebecca Holt issued a temporary restraining order blocking the Environmental Management Board from dismissing the complaint against the Code Review Board at a hastily scheduled hearing Thursday, according to court records. An agreement was reached with Cooper's attorney.
Holt will also consider the Democratic governor's request to extend the layoff block amid Cooper's own wide-ranging lawsuit challenging recent changes to several state boards and commissions by the Republican-controlled Legislature. Another hearing is scheduled for next week. The governor and Republican legislative leaders have long fought over the balance of power between the two branches of government.
North Carolina Attorney General Josh Stein has raised $5.7 million since July for his gubernatorial bid.
A bill approved in the fall over the governor's veto ended Mr. Cooper's control of a majority of seats on each council, which Mr. Cooper said violates the state constitution and violates state law in line with Mr. Cooper's policies. They argue that it hinders enforcement and departs from recent state Supreme Court opinions. Policy settings.
A three-judge panel on Nov. 1 granted a preliminary injunction freezing changes involving the Transportation Commission and two other commissions. But two other committees, including the Environmental Management Committee, refused to block the changes. Until recently, nine of the commission's 15 positions were elected by the governor and the remaining six by the General Assembly. Two of the gubernatorial spots are currently open to state Agriculture Commissioner Steve Troxler (R), and Cooper no longer holds a majority of the committee seats.
But over the past two months, Cooper's lawyers have amassed new legal ammunition to fight the Environmental Management Board's changes. First, the newly created committee elected a member appointed by Congress as its chair and removed Mr. Cooper's appointee.
North Carolina Governor Roy Cooper speaks to reporters after a State Council meeting at the Department of Transportation headquarters in Raleigh, North Carolina, Tuesday, August 1, 2023. (AP Photo/Gary D. Robertson)
And early Thursday, the commission filed a lawsuit against the Environmental Commission's Rules Review Committee over its objections to new limits on discharges into surface waters of synthetic industrial chemicals that regulators consider carcinogens. The court voted 8-7 to dismiss the lawsuit. The Cooper administration opposed dismissal of the case.
The governor's lawyers wrote Thursday that they expect Cooper will be successful in showing that Cooper “effectively lost control of EMC and that EMC exercised control inconsistent with the governor's views and priorities.” ing. Holt's decision to grant the temporary restraining order late Thursday was first reported by the Carolina Journal news site.
Lawyers for the defendants in the lawsuit, House Speaker Tim Moore and Senate Majority Leader Phil Berger, defended the board changes. In particular, Republican lawmakers pointed out that the majority of elected officials within the executive branch still choose members of the Environmental Management Commission.
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Another pending lawsuit challenges a portion of the new law that strips the governor of the power to appoint election commissioners and give them to legislators. Another three-judge panel put on hold changes to the election board while the lawsuit continues.
