The best of EcoWatch, right in your inbox. Sign up for our email newsletter!
The Southern Environmental Law Center (SELC) was granted the preliminary injunction it sought in Wake County Superior Court to delay the state's Energy and Mining Commission from taking any action on permits, effectively reinstating (for the time being) the state's longtime moratorium on fracking which was lifted by the legislature last summer. The group was representing the Haw River Assembly, a member of the Waterkeeper Alliance network, and landowner Keely Wood Puricz, whose property abuts a tract leased for natural gas exploration.
"The citizens of North Carolina deserve to have a lawful, accountable and representative agency to put in place strong protections that safeguard our communities and water supplies from the risks and harms of fracking," said Elaine Chiosso, executive director of the Haw River Assembly. The group has members who live directly above shale deposits that could be targeted for fracking.
The dispute revolves around what SELC and the parties it represents see as an unconstitutional attempt by the state legislature to control the commission and violate the state's separation of powers. After establishing the commission in 2012, it gave itself the power to appoint eight members to the governor's five. Governor Pat McCrory, along with two former North Carolina governors, is challenging the practice in a separate lawsuit. The legislature used the same tactic to keep control of the state's Coal Ash Commission, Oil and Gas Commission, and North Carolina Mining Commission.
"The decision stopped any immediate harm to North Carolina residents from a commission formed by the state legislature in violation of the separation of powers firmly established in our state constitution pending further court deliberations," said John Suttles of SELC, who represented the parties challenging the commission's membership.
“This attempt by the North Carolina legislature to expand its legislative power and usurp executive authority violates the separation of powers firmly established in our state constitution,” added Derb Carter, SELC senior attorney and director of its North Carolina offices. "As a result, we have a commission making important decisions about the future of North Carolina that is ultimately accountable to no one. We are seeing emerging and increasing opposition to fracking in North Carolina, and this will allow the public in many ways to continue to voice their concerns."
While North Carolina is not known as a gas-rich state, there are believed to be some deposits in a strip of counties in the central part of the state, south of Wake County (Raleigh/Durham/Chapel Hill). It's unclear exactly how much gas that area could produce.
"Approximately 59,000 acres in rural Lee County alone are expected to be targeted for drilling, with unknown additional acreage in Chatham, Moore and Durham Counties," says North Carolina-based social justice/family farmer advocacy group Rafi-USA, which warns against "compulsory pooling" forcing landowners to sell their mineral rights. "Over 9,400 acres in Lee County have already been leased by gas companies under predatory mineral rights leases. Always speak with a lawyer when considering signing a lease."
"Hydraulic fracturing and horizontal drilling have been used in parts of the Midwest for years, and are now being used in Pennsylvania and New York as well," it warns. "Landowners and farmers in these states have expressed concerns about the effects that drilling have on their lives and livelihoods."
YOU MIGHT ALSO LIKE
EcoWatch Daily Newsletter
Millions of solar panels clustered together to form an island could convert carbon dioxide in seawater into methanol, which can fuel airplanes and trucks, according to new research from Norway and Switzerland and published in the Proceedings of the National Academy of Sciences journal, PNAS, as NBC News reported. The floating islands could drastically reduce greenhouse gas emissions and dependence on fossil fuels.
More than 40 percent of insects could go extinct globally in the next few decades. So why did the U.S. Environmental Protection Agency (EPA) last week ok the 'emergency' use of the bee-killing pesticide sulfoxaflor on 13.9 million acres?
EcoWatch teamed up with Center for Biological Diversity via EcoWatch Live on Facebook to find out why. Environmental Health Director and Senior Attorney Lori Ann Burd explained how there is a loophole in the The Federal Insecticide, Fungicide, and Rodenticide Act under section 18, "that allows for entities and states to request emergency exemptions to spraying pesticides where they otherwise wouldn't be allowed to spray."
By Sharon Kelly
On Monday, the Wall Street Journal featured a profile of Scott Sheffield, CEO of Pioneer Natural Resources, whose company is known among investors for its emphasis on drawing oil and gas from the Permian basin in Texas using horizontal drilling and hydraulic fracturing, or fracking.
By Craig K. Chandler
The federal government has available to it, should it choose to use them, a wide range of potential climate change management tools, going well beyond the traditional pollution control regulatory options. And, in some cases (not all), without new legislative authorization.
By Dan Gray
Processed foods, in their many delicious forms, are an American favorite.
But new research shows that despite increasing evidence on just how unhealthy processed foods are, Americans have continued to eat the products at the same rate.