Date: Tue, 30 Sep 2014 12:55:51 -0400
From: “Ginny Cole”
Subject: Maryphyllis and fracking
Following the suggestion by Maryphyllis that I look up provisions in the NC State Constitution that purportedly would allow local governments to preempt state law with regard to fracking, I did so.
I paid particular attention to Article II relating to the Legislative powers of the State. I could find nothing that would support Maryphyllis’ contention. Perhaps she could be more specific in her references. I do know that Session Law 2014-4, enacted into State law this year, specifically invalidates any local ordinances prohibiting the exploration, development, or production of oil or gas.
Further, the law prohibits local ordinances that would have the effect of prohibiting such activities. The laws pertaining to fracking in North Carolina pertain to the whole state, not just a limited number of counties. I would contend that it is clear that local entities, including the Board of Commissioners, cannot overturn the State’s fracking laws.
Virginia Cole