Opinion
No. 131P24
08-21-2024
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, Jacqueline 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 (23CV28505-910) 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
Upon consideration of the petition filed by the Legislative Defendants on the 29th of May 2024 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 21st of August 2024."