N.C. Mining and Energy Commission
On March 16, 2015, the three-judge panel of the Wake County Superior Court issued a decision in the matter of McCrory v. Berger holding the legislative appointments to the state Mining and Energy Commission to be in violation of the separation of powers clause as set forth in the North Carolina Constitution (See McCrory v. Berger, Wake County Sup. Ct. Case No. 14-CVS-015201 (March 16, 2015)). The General Assembly has appealed to the North Carolina Supreme Court, which has neither stayed the Panel’s Order nor issued an opinion reversing the panel’s decision. Therefore, the panel’s order holding “the provisions of NCGS 143B-290(a1) providing for the appointment of members of the North Carolina Mining and Energy Commission by the Legislature are in violation of Article I, Section 6 of the North Carolina Constitution” (McCrory v. Berger, 11) remains in effect. This site will be updated upon the North Carolina Supreme Court’s issuing of its opinion in this case.