A North Carolina judge has prevented for now an environmental regulatory board from canceling its lawsuit while state courts examine Gov. Roy Cooper’s arguments that legislative changes in the board’s makeup prevent him from carrying out effectively laws to control pollution.
Superior Court Rebecca Holt’s agreed with Cooper’s lawyers during a quickly scheduled hearing Thursday to issue a temporary restraining order blocking the Environmental Management Commission from dismissing its complaint against the Rules Review Commission, according to court records.
Holt also scheduled another hearing next week to weigh the Democratic governor’s request to extend the blockage of the dismissal while Cooper’s own broader litigation challenging the Republican-controlled legislature’s recent alterations to several state boards and commissions continues. The governor and GOP legislative leaders have fought for years over the balance of power in the two branches of government.
Another pending lawsuit challenges portions of a new law that strips the governor of his authority to appoint elections board members and give them to legislators. Another three-judge panel have put the election board changes on hold while a lawsuit continues.