In an ‘unprecedented’ move, North Carolina officials—whose responsibility it is to enforce environmental protections—are causing outrage in the state for arguing that a court ruling against the coal industry is too harsh.

State-appointed members of the Environmental Management Commission (EMC) announced Monday that they are appealing a ruling that ordered Duke Energy take “immediate action” to clean up its 33 coal ash ponds. The ruling—handed down following a major coal ash spill on February 4—gave state regulators greater ability to force Duke to proactively reduce the risk of polluting other rivers.

However, the EMC says it does not want this authority. Instead of acting as a watchdog to clamp down on Duke, in fact, the members actively argued that Duke should be given more time to make improvements.

“If the state is serious about enforcing the law, why in the world would the state ask the (N.C.) Court of Appeals to limit that authority?” D.J. Gerken, a lawyer with the Southern Environmental Law Center, told the Charlotte Observer. Following the announcement, environmentalists were torn between shock and the sad realization that this is much of the same.

“It seems unprecedented that an environmental commission has asked the state to appeal a ruling that gave it more authority,” said Amy Adams, the North Carolina campaign coordinator with environmental nonprofit Appalachian Voices. “To appeal a ruling that gives you clear authority to help clean up pollution seems appalling.”

Duke Energy has a long history of familial relations with the state government, beginning with Governor Pat McCrory’s 28 years of employment at the utility.