Cooper, Stein File First Legal Challenge to Unconstitutional Polluter Power Grabs

Governor Roy Cooper and Governor-elect Josh Stein have filed the first lawsuit challenging part of Senate Bill 382, the pro-polluter power grab bill which unconstitutionally takes away executive powers from the governor, lieutenant governor, and attorney general. Other lawsuits are expected to follow, challenging different parts of the law. Cooper’s veto of SB 382 was overturned by the legislature by a narrow margin last week.

The Challenge

The lawsuit filed by Cooper and Stein challenges the part of SB 382 which takes the State Highway Patrol (SHP) away from a department controlled by the governor and makes it an independent agency. The head of the SHP would have to be confirmed by the legislature and could not be removed by the governor, even for serious illegal conduct or other malfeasance. 

“Today, Governor Cooper and I have taken legal action to stop the legislature’s unconstitutional and dangerous power grab,” Stein, the state’s sitting attorney general, wrote in announcing the lawsuit. “This law threatens public safety, fractures the chain of command during a crisis, and thwarts the will of voters. Our people deserve better than a power-hungry legislature that puts political games ahead of public safety.” 

More Lawsuits to Come

Cooper’s office indicated more lawsuits over other pieces of the law are soon to come. “The language in that bill was introduced just days after the 2024 elections and included a variety of provisions that undermine the results of the election by stripping powers from the newly elected governor, lieutenant governor, attorney general, and state superintendent of public instruction. The bill also contains a variety of provisions that violate the separation of powers and unconstitutionally reduce executive power.”

Incoming Governor Josh Stein, Lt. Governor Rachel Hunt, and Attorney General Jeff Jackson were all endorsed this year by the Conservation PAC of the NC League of Conservation Voters (NCLCV), based on their pro-environment records as Attorney General, state legislator, and member of Congress, respectively.

Impact on the Environment

Among other harmful changes, SB 382 takes away the Governor’s power to appoint members of the state and county Boards of Elections. It strips the Attorney General of the right to challenge the constitutionality of laws passed by the legislature or otherwise take positions contrary to those of the legislature in any legal action. It also takes away the Governor’s ability to appoint a majority of the NC Utilities Commission and abolishes the Energy Policy Council, a committee previously headed by the Lt. Governor. These changes have been criticized by clean energy advocates, including the NC Sustainable Energy Association (NCSEA), as threatening the state’s progress on renewable energy.