NORTH CAROLINA

Photo: James Willamor

Photo: James Willamor

LEGAL UPDATES

November 14, 2017

Three teenagers filed a climate change petition for rulemaking with the North Carolina Environmental Management Commission. The petition calls on the Commission to reduce North Carolina’s CO2 emissions to zero by 2050, in accordance with the best available science.  

With the support of Our Children’s Trust, Alliance for Climate Education (ACE), and represented by Duke’s Environmental Law & Policy Clinic, the youth petitioners argue that the Commission has statutory, public trust and constitutional obligations to protect North Carolina’s essential natural resources, including the atmosphere, for present and future generations. As detailed in the petition, the proposed rule could create jobs, reduce energy costs and avoid billions in climate damages.

Read the full petition here.

Want to get involved? You can:

  • Email the Environmental Management Commission (EMC) to share your support

  • Share on social media why you support #youthvgovNC and having a #carbonfreeNC

  • Show up to any public hearing about this petition to support the youth petitioners

November 27, 2015

Judge Morgan denied Hallie Turner's Complaint against the North Carolina Environmental Management Commission.  Hallie vowed to continue her efforts, and Our Children's Trust is working with her and others to bring a follow-on legal action.

November 13, 2015

Judge Michael Morgan will hear oral argument in this important case to address the Environmental Management Commission's denial of Hallie's climate change petition for rulemaking and set science-based carbon pollution limits. Join us in standing up for their fundamental constitutional rights!

WHEN:
Friday, November 13, 2015
Hearing will begin at 9:30 am, please arrive by 9:00 am to secure your seat.

WHERE:
Wake County Courthouse
316 Fayetteville Street, Raleigh, NC
Judge Michael Morgan's courtroom, 5-C

May 29, 2015

Hallie Turner and her attorneys filed her opening brief in support of her appeal of the denial of her petition for rulemaking. Hallie's brief argues that the Environmental Management Commission (EMC) erroneously denied her petition for rulemaking because the EMC made conclusions of law outside the scope of its powers when it determined that it did not have the authority to promulgate her proposed rule. The brief also argues that former Chairman Benne Hutson should have recused himself from the decision because of a conflict of interest since his law firm represents clients that oppose restriction on greenhouse gas emissions. Hallie's brief asks the court to reverse the EMC's decision and order the EMC to commence rulemaking on her petition for rulemaking.

February 23, 2015

In North Carolina Superior Court in Wake County, 13-year-old Hallie Turner appealed a decision by North Carolina’s Environmental Management Commission rejecting her climate change petition for rulemaking. Last December, with the support of Our Children's Trust, Hallie submitted her petition to the Environmental Management Commission in an attempt to get the State to protect North Carolina’s constitutionally protected water and air resources. Hallie’s petition asked the Commission to promulgate a rule, based on the best available climate science, that would require North Carolina to reduce its carbon dioxide emissions by at least four percent each year.

Read the full press release here.

December 5, 2014

13-year-old Hallie Turner submitted a climate change petition for rulemaking to the North Carolina Division of Air Quality. Hallie filed the petition in an attempt to get the State to protect North Carolina’s climate system, shorelines, and water resources by adequately protecting the atmosphere, a public trust resource upon which all North Carolina residents rely on for their health and safety.

Read the petition.
Read the press release.