A Wake County Superior Court judge effectively halted fracking in the state for the time being when he stayed proceedings in a constitutional challenge to the state’s Mining and Energy Commission brought by a local conservation group and landowner.
The stay continues while the appeal of a separate case challenging commission appointment powers — McCrory v. Berger — is pending, during which time the MEC is enjoined from accepting or processing permit applications for drilling units and from creating any drilling units.
The order today comes in a lawsuit in which plaintiffs allege that the composition of the MEC violates the separation of powers provision of the state Constitution because a majority of the commission’s members are political appointees by the legislature, and that the fracking rules, created by an unconstitutional commission, are therefore null and void.
Those allegations are similar to what’s been asserted in the McCrory v. Berger case, in which Gov. Pat McCrory and former Governors Hunt and Martin are challenging legislative appointments to the Coal Ash Commission, Oil and Gas Commission, and the MEC as violations of the separation of powers provisions of the State Constitution.
The governors’ case is set for argument before the state Supreme Court on June 30.
“Today’s decision stopped any immediate harm to North Carolina residents from a commission formed by the state legislature in violation of the separation of powers firmly established in our state constitution pending further court deliberations,” John Suttles, the senior attorney at the Southern Environmental Law Center who represented the plaintiffs said in a statement.