North Carolina fracking rules challenged News
North Carolina fracking rules challenged

[JURIST] Environmental conservation group, Haw River Assembly [advocacy website], filed a lawsuit in the Wake County Clerk of Superior Court [official website] in Raleigh, North Carolina, on Monday, seeking to vacate new rules adopted to regulate hydraulic fracturing, or fracking, in North Carolina, claiming that the lawmaking panel that developed the rules was formed in violation of the state constitution [text]. The plaintiffs argue that revisions to the Oil and Gas Conservation Act of 2012 [text] that created the Mining and Energy Commission (MEC) [official website] violate the NC constitution. The MEC formulates drilling standards for oil and gas exploration and development in NC, including hydraulic fracturing. The lawsuit states the North Carolina general assembly usurped the authority [AP report] of the executive branch by forming the commission as an administrative agency and then appointing eight of its 13 members. In defense, the chairman of the MEC stated that members consider themselves accountable to the pubic and not the executive branch, and the MEC’s ultimate goal is to implement safeguards for oil and gas development with only limited interaction with the Legislature. In August new legislation signed by Governow Pat McCrory [official website] lifted the moratorium on fracking [Haw River report] and will allow permits for drilling to be issued starting in 2015.

Fracking [JURIST backgrounder] has been at the center of much debate in the past decade. Fracking is a controversial method of tapping natural gas deposits with high pressurized water and other chemicals. The process has had an enormous impact on the energy industry in the US, particularly with regard to natural gas markets. Last month New York Governor Andrew Cuomo and his administration announced the state will block hydraulic fracturing [JURIST report] across the state. In July the New York Court of Appeals ruled towns can use zoning laws to ban hydraulic fracturing [JURIST report] within their town lines. In August 2013 a judge in Michigan County Circuit Court dismissed a fracking lawsuit [JURIST report] by Michigan Land Air Water Defense against the Michigan Department of Natural Resources. Back in 2012 then North Carolina governor Beverly Perdue vetoed [JURIST report] a bill that would have lifted a ban on hydraulic fracturing in the state.