— Attorney General Patrick Morrisey today announced he is leading a coalition of
23 other States in a lawsuit, asking a federal court to strike down a new U.S.
Environmental Protection Agency (EPA) Rule, known as the Clean Power Plan, which
unlawfully expands the federal government’s regulatory power over electricity
production and consumption in nearly every State.
Clean Power Plan is one of the most far-reaching energy regulations in this nation’s history,” Attorney General Morrisey said. “West Virginia is proud
to be leading the charge against this Administration’s blatant and
unprecedented attack on coal.”
The Rule forces States to develop plans to dramatically
reduce carbon dioxide emissions by an average of 32 percent by 2030. EPA says this
goal can be accomplished by reducing or eliminating coal-based energy
“EPA claims to have sweeping power to enact such regulations
based on a rarely-used provision of the Clean Air Act but such legal authority
simply does not exist,” Morrisey said.
such drastic changes in electricity production, coal-fired plants will be
subjected to costly compliance measures or closure, leading to skyrocketing
electricity rates and loss of reliable electricity for West Virginian families.
Attorney General, I have a responsibility to protect the lives of millions of
working families, the elderly and the poor, from such illegal and unconscionable
Federal Government actions,” Morrisey said. “It’s the people who can afford it
least who are going to be affected the most.”
the Petition for Review filed this morning and the Stay Motions which will be filed
later today in the U.S. Court of Appeals for the District of Columbia Circuit, the
States argue the Rule is illegal and will have devastating impacts upon the
States and their citizens.
The Section 111(d) rule exceeds EPA’s authority by
States to fundamentally
alter state resource-planning and energy policy by shifting from coal-fired generation
to other sources of power generation, with a significant emphasis on renewable sources. The Rule is also illegal because it seeks to require States
to regulate coal-fired power plants under Section 111(d) of the Clean Air Act,
even though EPA already regulates those same plants under Section 112 of the
The States challenging the Rule
include West Virginia, Texas, Alabama, Arkansas, Colorado,
Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri,
Montana, Nebraska, New Jersey, Ohio, South Carolina, South Dakota, Utah,
Wisconsin, Wyoming, the Arizona Corporations Commission, and the North Carolina
Department of Environmental Quality.