McCrory's key objection involves a provision that lets legislative leaders appoint a majority of the members on a new, nine-member oversight commission. McCrory said he should lead environmental enforcement as the state's chief executive.
"One of the major shortcomings is the formation of another unchecked, non-judicial commission that reports to no one, has no accountability, and adds another level of unneeded bureaucracy," McCrory said in a statement. "The legislature's duty is to draft and pass laws, not execute them. That is the executive branch's duty."
Lawmakers approved the legislation last month. McCrory will allow it to become law next week and he will ask the state Supreme Court for an advisory opinion "to avoid a prolonged legal challenge over a 'strong difference of opinion.'" If that doesn't work, McCrory said, he will file a lawsuit. McCrory's office also released a video in which the governor explained his decision.
The legislation would establish timelines and requirements for removal or capping of coal ash at 33 open-air dumps operated by Duke Energy. The legislation would also require Duke Energy to dig up or cap all of its coal ash dumps by 2029.
McCrory retired from Duke in 2008 after working there 29 years and the electricity company's executives have remained generous in supporting his political campaigns. The governor has said his administration has never given his former employer special treatment.
