Opinion
No. 131P24
06-24-2024
Roy A. COOPER, III, in his official capacity as Governor of the State of North Carolina v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; the State of North Carolina; North Carolina Environmental Management Commission; and John (JD) Solomon, in his official capacity as Chair of the North Carolina Environmental Management Commission; Christopher M. Duggan, in his official capacity as Vice-Chair of the North Carolina Environmental Management Commission; and Yvonne C. Bailey, Timothy M. Baumgartner, Charles S. Carter, Marion Deerhake, Michael S. Ellison, Steven P. Keen, H. Kim Lyerly, Jacque-line M. Gibson, Joseph Reardon, Robin Smith, Kevin L. Tweedy, Elizabeth J. Weese, and Bill Yarborough, in their official capacities as Commissioners of the North Carolina Environmental Management Commission
Matthew F. Tilley, Attorney at Law, Charlotte, For Philip E. Berger (Official Capacity), et al. Sean E. Andrussier, Attorney at Law, Raleigh, For Philip E. Berger (Official Capacity), et al. Michael A. Ingersoll, Attorney at Law, For Philip E. Berger (Official Capacity), et al. Emmett Whelan, Attorney at Law, Charlotte, For Philip E. Berger (Official Capacity), et al. Jim W. Phillips, Jr., Attorney at Law, Greensboro, For Roy A. Cooper (III) (Official Capacity). Eric M. David, Attorney at Law, Raleigh, For Roy A. Cooper (III) (Official Capacity). Daniel F.E. Smith, Attorney at Law, Greensboro, For Roy A. Cooper (III) (Official Capacity). Amanda S. Hawkins, Attorney at Law, Raleigh, For Roy A. Cooper (III) (Official Capacity). Amar Majmundar, Senior Deputy Attorney General, For State of North Carolina. Phillip T. Reynolds, Special Deputy Attorney General, For North Carolina Environmental Management Commission. Stephanie A. Brennan, Special Deputy Attorney General, For State of North Carolina.
From N.C. Court of Appeals 24-440; From Wake 23CV2850õ-910, Tenth District
Matthew F. Tilley, Attorney at Law, Charlotte, For Philip E. Berger (Official Capacity), et al.
Sean E. Andrussier, Attorney at Law, Raleigh, For Philip E. Berger (Official Capacity), et al.
Michael A. Ingersoll, Attorney at Law, For Philip E. Berger (Official Capacity), et al.
Emmett Whelan, Attorney at Law, Charlotte, For Philip E. Berger (Official Capacity), et al.
Jim W. Phillips, Jr., Attorney at Law, Greensboro, For Roy A. Cooper (III) (Official Capacity).
Eric M. David, Attorney at Law, Raleigh, For Roy A. Cooper (III) (Official Capacity).
Daniel F.E. Smith, Attorney at Law, Greensboro, For Roy A. Cooper (III) (Official Capacity).
Amanda S. Hawkins, Attorney at Law, Raleigh, For Roy A. Cooper (III) (Official Capacity).
Amar Majmundar, Senior Deputy Attorney General, For State of North Carolina.
Phillip T. Reynolds, Special Deputy Attorney General, For North Carolina Environmental Management Commission.
Stephanie A. Brennan, Special Deputy Attorney General, For State of North Carolina.
ORDER
Philip E. Berger, Jr., Associate Justice
Plaintiff moved the undersigned and this Court to consider whether recusal is required in a motion filed 11 June 2024. A response was filed 18 June 2024. Pursuant to an administrative order entered by this Court on 23 December 2021, the undersigned refers the motion to the Court for resolution.