May 20 , 2015 Wake County Superior Court today stayed a constitutional challenge to the state’s Mining and Energy Commission by the Haw River Assembly and a Lee County landowner pending a decision in the appeal of McCrory v. Berger or until further order of the court. During the stay, the MEC is enjoined from accepting or processing permit applications for drilling units and from creating any drilling units. This effectively reinstates the moratorium on fracking in North Carolina. Read the full PRESS RELEASE about the injunction. Read the full Haw River v. MEC court order.
The lawsuit against the MEC charges that the commission violates the separation of powers provision of the North Carolina 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. (Read the press release concerning the lawsuit and the full legal complaint)
“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,” said John Suttles, the senior attorney at the Southern Environmental Law Center who represented the Haw River Assembly and Lee County property owner Keely Wood Puricz before the court.