On Sept. 22, Morrisey went over the arguments during a morning press conference. Morrisey and 27 other states and state agencies – as well as labor unions, consumer groups, businesses, utilities and coal companies – have their day in against the Environmental Protection Agency on Sept. 27 in the U.S. Court of Appeals for the District of Columbia Circuit.
In May, the court chose to hold arguments before the full court as opposed to the typical three-judge panel.
“This is a crucial moment in the battle against the Obama-Clinton war on coal families,” Morrisey said Sept. 22. “This unlawful rule will devastate the coal industry and those who depend upon its success, while putting at risk affordable energy and thousands of good paying jobs.
"We remain confident in our arguments and look forward to our day in court.”
In February, the U.S. Supreme Court issued a stay of the EPA's plan. That stay blocked enforcement of the rule until the coalition’s court challenge concludes.
In the Sept. 27 hearing, Morrisey's coalition will argue EPA exceeded its congressional authority by "transforming the nation’s energy industry, double regulating coal-fired power plants and forcing states to fundamentally shift their energy portfolios away from coal-fired generation."
The coalition also will argue the U.S. Constitution prohibits any attempt by the federal government to commandeer and coerce the states into carrying out federal law.
West Virginia and Texas led most other states in challenging the EPA’s Power Plan on Oct. 23, 2015, the very day it was published. West Virginia and Texas are joined in the challenge by Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Wisconsin and Wyoming, along with the North Carolina Department of Environmental Quality and other state agencies.