Add the Mining & Energy Commission to the list of commissions whose recently expanded regulatory authority now serves as fodder for a lawsuit.
As IndyWeek reports here, Clean Water for NC & residents of three separate counties filed a lawsuit on Friday challenging the regulatory authority over fracking that state lawmakers took away from local governments:
The complaint, which was filed Friday in Wake County Superior Court, comes from Clean Water for N.C., a group that has lobbied to ban fracking in North Carolina for several years. The legal challenge contends that the N.C. General Assembly violated the state constitution in giving the appointed N.C. Mining and Energy Commission the authority to pre-empt local ordinances in crafting fracking regulations.
A number of local government bodies passed resolutions or ordinances opposing drilling within their counties, but state law—as recommended by the mining commission—holds that no local ordinances would be able to block fracking.
Read a copy of the Clean Water for NC complaint here.