In a recent development, a North Carolina judge has issued a temporary restraining order, preventing an environmental regulatory board from dismissing its lawsuit. The move comes as state courts examine Governor Roy Cooper’s arguments that legislative changes in the board’s makeup hinder his ability to effectively enforce laws controlling pollution. This decision by Superior Court Rebecca Holt aligns with Cooper’s contentions and sets the stage for further legal proceedings.
The lawsuit stems from the governor’s broader litigation challenging recent alterations made by the Republican-controlled legislature to various state boards and commissions. Cooper argues that these changes violate the state constitution and impede his ability to carry out state laws in line with his policy preferences. The ongoing power struggle between the governor and GOP legislative leaders has been a contentious issue for years.
Legislation approved in the fall, overriding Cooper’s veto, significantly reduced his control over a majority of seats on several panels, including the Environmental Management Commission. Previously, the governor selected nine out of fifteen positions, with the General Assembly appointing the remaining six. However, two of the governor’s slots have since been given to Republican state Agriculture Commissioner Steve Troxler, diminishing Cooper’s influence on the panel.
Nevertheless, Cooper’s legal team has gathered new evidence to support their case against the changes made to the Environmental Management Commission. Firstly, the commission installed a member appointed by the legislature as chairman, replacing Cooper’s appointee. Additionally, the commission voted 8-7 to dismiss its lawsuit against the Rules Review Commission, despite objections from the rules panel itself. This decision raised concerns as it pertained to the environmental panel’s new discharge limits for a synthetic industrial chemical known to be a carcinogen.
Governor Cooper’s attorneys argue that these recent developments demonstrate his loss of control over the Environmental Management Commission and its inconsistent alignment with his views and priorities in implementing laws. Their assertion is supported by Judge Holt’s decision to issue a temporary restraining order, which was reported by the Carolina Journal news site.
On the other side, lawyers representing House Speaker Tim Moore and Senate leader Phil Berger, who are defendants in the lawsuit, have defended the changes made to the boards. They highlight that a majority of elected officials within the executive branch still have the authority to select members of the Environmental Management Commission.
This legal battle in North Carolina is just one of the many ongoing conflicts between Democrats and Republicans on issues of power and governance. Another lawsuit challenging the governor’s authority to appoint elections board members, which has been transferred to legislators, is also currently on hold. The outcome of these cases will have significant implications for the state’s political landscape.
As the legal proceedings continue, the focus remains on exploring the balance of power between Governor Cooper and the Republican-controlled legislature. The implications of these battles extend beyond North Carolina, serving as a microcosm of the larger political landscape in the United States. It remains to be seen how these conflicts will ultimately shape the state’s governance and environmental policies moving forward.
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