Who has the right to control environmental commissions in North Carolina–the Governor, or the Legislature?
That is the central question in a lawsuit filed by current and former Governors McCrory, Hunt, and Martin against Senate President Pro Tem Phil Berger and House Speaker Tim Moore. After a three-judge panel struck down the General Assembly’s process for appointing members to such commissioners (including one overseeing the coal-ash cleanup), Defendants appealed directly to the Supreme Court of North Carolina under the new “direct appeal” statute, which allows for such direct appeal from lower court rulings that hold an act of the General Assembly to be unconstitutional.
On the request of the Governor-Plaintiffs, the Supreme Court has agreed to expedite the appeal and hear arguments this summer, on June 30.
Summer sessions are quite rare. Please note, though, if you plan to go watch the arguments–Clerk of Court Christie Roeder will be enforcing the dress code. “No shorts,” she explained to Lawyers Weekly (paywall).