Court Finds For McCrory In Case Against Moore, Berger

Jan 29, 2016

The Coal Ash Management Commission at its first meeting in Nov. 2014.
Credit Dave DeWitt

The North Carolina Supreme Court has sided with Governor Pat McCrory in a case against leaders in the General Assembly.

The case stemmed from the Legislature’s creation of three commissions in 2014, including the Coal Ash Management Commission. Republican leadership in the House and Senate then appointed the majority of members to the commissions, prompting the Governor – also a Republican – to sue.

In finding for McCrory, a near unanimous Supreme Court agreed that the General Assembly unlawfully limited the Governor’s ability to execute the powers of the executive branch.

McCrory was joined in his lawsuit by former governors Jim Martin and Jim Hunt – a Republican and a Democrat, respectively.

"We appreciate the hard work of the Supreme Court to resolve a constitutional question that needed to be answered," Governor McCrory said in a statement. "I want to thank Governors Martin and Hunt for joining me in this action. We will work with the General Assembly to implement this decision as we together continue to make state government more efficient and accountable."

The law passed by the General Assembly also ordered the Coal Ash Management Commission to act independently of McCrory's environmental agencies.

The CAMC would have played an advisory role over Duke Energy’s 14 coal ash basins in North Carolina. McCrory formerly worked for Duke Energy for decades.

The status of the current CAMC is unclear, and will likely be considered by the General Assembly in the upcoming short session.

“While we are disappointed, we respect the court's responsibility to resolve these Constitutional questions and will carefully review the ruling and determine the next steps necessary to comply," said President Pro Tem Phil Berger and House Speaker Tim Moore, in a joint statement.