News

CON court filing criticizes NC health regulators, Duke

A medical imaging company has filed paperwork in North Carolina’s highest court criticizing state regulators and Duke Health for their legal strategy in a certificate-of-need dispute. Duke and the state Department of Health and Human Services challenge the state Court of Appeals’ September 2023 decision to affirm a CON ruling favoring Pinnacle Health Services. Pinnacle needed the CON to operate a magnetic resonance imaging scanner in Wake Forest.

CJ Staff
News

Judges uphold five of seven targeted boards in Cooper v. Berger appointments fight

A unanimous three-judge panel has upheld five of seven newly constituted state boards Gov. Roy Cooper had targeted in a lawsuit. The Democratic governor had argued that all seven boards violated the state constitution because Republican lawmakers took away Cooper’s appointment powers.

CJ Staff
News

NC, Iowa cases challenge federal agency’s actions ignoring Supreme Court

Property owners in North Carolina and Iowa are working with the Pacific Legal Foundation to challenge Army Corps of Engineers actions that appear to ignore US Supreme Court precedent. Federal court documents filed in both states argue that the Army Corps is relying on an interpretation of Clean Water Act rules “soundly rebuked” by the high court in the 2023 case Sackett v. EPA.

CJ Staff

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News

State’s highest court could decide fate of Greenville red light camera program

The North Carolina Supreme Court will decide in the months ahead whether a cost-sharing agreement that funded Greenville’s red light camera enforcement program complied with the state constitution. Justices heard an hour of oral arguments on the topic Wednesday.

CJ Staff
News

Appeals Court to decide whether lack of public hearing could kill a CON

The outcome of a legal dispute over a new hospital emergency department in Buncombe County could depend on a state law requiring a public hearing. The state Appeals Court will decide in the months ahead whether the absence of a public hearing jeopardizes the certificate of need for a new Mission Health emergency department in Candler.

CJ Staff
Opinion

Five candidates run to replace Folwell

After eight years as state treasurer of North Carolina — and prior public-service roles as school-board member, assistant commerce secretary, and four-term state legislator — Dale Folwell is running for governor in 2024. I’ll discuss Folwell and other gubernatorial candidates in another column. Today, I’m focusing on the five candidates seeking to replace him as...

John Hood
News

Judges reject injunction in Cooper v Berger appointments fight

A three-judge panel has denied Gov. Roy Cooper’s request for an injunction blocking recent actions from the state Environmental Management Commission. The panel made that unanimous decision Friday after a nearly three-hour hearing in a lawsuit pitting Cooper against Republican legislative leaders. The decision also dissolved a temporary restraining order against the EMC that had remained in effect for a month.

CJ Staff