West Virginia’s solicitor general will argue before a federal district court panel next week that the Obama administration’s Clean Power Plan is an illegal use of presidential power.
Attorney General Patrick Morrisey previewed the state’s arguments Thursday.
West Virginia will join 27 other states in oral arguments before a 9 judge panel at the U.S. District of Columbia Court of Appeals Tuesday.
The arguments are a continuation of Attorney General Patrick Morrisey’s lawsuit against the federal government over the Clean Power Plan—a set of regulations from the Environmental Protection Agency meant to reduce carbon emissions.
Morrisey said the crux of the state’s argument is that the EPA does not have the authority to implement the regulations without an act of Congress.
He also believes the agency is trying to double-regulate power plants, which already have to follow rules under the Clean Air Act.
“We know that over the last number of years that the regulatory onslaught has play a part in the onslaught of the loss of coal jobs," Morrisey said. "There are other factors, I would concede, but the regulatory onslaught has been a factor.”
Morrisey expects the arguments to last a full day.