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north carolina
If you live in North Carolina and would like to get involved in legal action, please contact us.
Our Children’s Trust has supported young people in North Carolina legal actions since 2011, most recently with a petition for rulemaking submitted by three youth petitioners - Hallie, Emily, and Arya - to the North Carolina Department of Environmental Quality in February 2020.
Hallie, Emily, and Arya are represented by the Duke Environmental Law and Policy Clinic and supported by Our Children’s Trust.
Current Status:
On April 17, 2020, the North Carolina Division of Air Quality informed the three North Carolina youth petitioners, Hallie, Arya, and Emily, that it would not initiate rulemaking on their petition for rulemaking. The DAQ returned the petition, finding that it was “incomplete” because it did not contain a proposed rule and did not contain a statement explaining the effect of the proposed rule on existing rules. Contrary to the DAQ’s assertions, the petition for rulemaking did contain a proposed rule and statement on the effect of other rules. The youth petitioners are working with their attorneys at Duke Environmental Law and Policy Clinic and Our Children’s Trust on next steps to ensure that North Carolina takes adequate steps to protect their constitutional rights from the climate crisis.
TIMELINE:
The following is a timeline of major moments, filings, and rulings in North Carolina legal actions, from 2014 to today:
Prior Proceedings
December 5, 2014
13-year-old Hallie Turner submitted a petition for rulemaking to the North Carolina Division of Air Quality, demanding that the State protect North Carolina’s climate system, shorelines, and water resources. Her petition would 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.
February 23, 2015
In North Carolina Superior Court, Turner appealed a decision by North Carolina’s Environmental Management Commission that rejected her petition for rulemaking.
May 29, 2015
Hallie’s attorneys filed an opening brief in support of her appeal. The brief argued 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 argued 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 asked the court to reverse the EMC’s decision and order the EMC to commence rulemaking on her petition for rulemaking.
November 13, 2015
Judge Michael Morgan heard oral arguments for Hallie’s case.
November 27, 2015
Judge Morgan denied Hallie’s Complaint against the EMC. Hallie and her attorneys vowed to continue her legal efforts.
November 24, 2017
With the support of Our Children’s Trust, Alliance for Climate Education (ACE), and represented by Duke Environmental Law and Policy Clinic, Hallie, now joined by fellow youth Arya Pontula and Emily Liu, filed a new petition for rulemaking with the EMC. The petition called on the Commission to reduce North Carolina’s CO2 emissions to zero by 2050, in accordance with the best available science.
February 7, 2018
The EMC Air Quality Committee held a hearing on the petition for rulemaking. The Committee considered the petition and brought its recommendation to the full Commission that the petition be denied during the Commission’s regular meeting on March 8, 2018.
February 10, 2020
Represented by the Duke Environmental Law and Policy Clinic and supported by Our Children’s Trust, Hallie, Emily, and Arya filed a new petition for rulemaking with the North Carolina Department of Environmental Quality, proposing a new state rule that would require the state to inventory, budget, and regulate carbon dioxide emissions. The youth argue that the proposed rule is required in order for the state to fulfill its constitutional and statutory obligations to protect North Carolina’s essential natural resources and the future of the youth petitioners. This new petition reflected changes made based on feedback from the EMC on previous petitions.
April 17, 2020
The North Carolina Division of Air Quality informed the youth petitioners that it would not initiate rulemaking on their petition for rulemaking. The DAQ returned the petition, finding that it was “incomplete” because it did not contain a proposed rule and did not contain a statement explaining the effect of the proposed rule on existing rules.
TODAY: Determining Next Steps
Given that, contrary to the NC DAQ’s assertions, the petition for rulemaking did contain a proposed rule and statement on the effect of other rules, the youth petitioners are working with their attorneys to determine a best course of action to ensure that North Carolina takes adequate steps to protect their constitutional rights from the climate crisis.