CHARLESTON — West Virginia Attorney General Patrick Morrisey is leading a bipartisan coalition of 22 states, along with unions and trade associations, in two briefs supporting the repeal of the Obama-era Clean Power Plan and expressing support for the Trump administration’s replacement Affordable Clean Energy rule.
Both briefs recently were filed in the U.S. Court of Appeals for the District of Columbia Circuit.
In the briefs, the coalitions contend that the Affordable Clean Energy rule stops the U.S. Environmental Protection Agency from reaching into areas beyond its control such as energy production. They say that's a far cry from what they call the overbroad powers the agency would have had under the Obama-era Power Plan.
“The so-called Clean Power Plan was an example of gross federal overreach by a bureaucracy run amok, and in West Virginia, it sounded a death knell for coal mining,” Morrisey said. “We applaud the Trump administration for replacing that rule with one that better takes into account the rights of states to control energy production and emissions within their borders.”
The coalitions believe the Affordable Clean Energy rule would respect the important role of states in regulating energy and air quality. They say it embraces Congress’ intent for cooperation between the state and federal governments and corrects the Obama-era one-size-fits-all model that they say would have devastated coal communities across the state and nation.
Morrisey challenged the Obama-era Clean Power Plan on the day it was published, blocked its enforcement at the U.S. Supreme Court and has continued to lead a broad coalition to ensure its repeal.
West Virginia joined the briefs with attorneys general from Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and Wyoming as well as the governors of Kentucky and Mississippi.
