Morrisey Previews Supreme Court Case Against EPA Power On Carbon

West Virginia Attorney General Patrick Morrisey was in the nation’s capital today to discuss an upcoming Supreme Court case.

Morrisey is leading a coalition of states challenging the Environmental Protection Agency’s authority to regulate carbon dioxide emissions.

The Biden administration is expected to take action this year to limit carbon emissions from power plants, which could accelerate the transition away from fossil fuels.

A federal appeals court ruled last year that the EPA has broad power under the Clean Air Act to regulate power plant emissions.

Morissey told an audience at the National Press Club that the power rests with Congress.

“This is not about the merits of climate change one way or the other,” he said. “It’s ultimately about, should we make sure that the balance between the legislative branch and the executive branch is consistent with how the Constitution laid it out.”

The Supreme Court will hear arguments in West Virginia v EPA on Feb. 28.