Ashton Marra Published

W.Va.'s AG to Argue EPA Standards in Federal Court


Attorney General Patrick Morrisey’s office will present oral arguments before a U.S. Court of Appeals Thursday fighting the Environmental Protection Agency’s proposed carbon emission standards. 

The proposed standards were released for comment last summer by the federal EPA. They would require states across the country to reduce their carbon emissions by 30 percent in 15 years, focusing particularly on emissions from coal-fired power plants.

Thursday Morrisey’s office will present arguments in from of the U.S. District Court of Appeals in D.C., leading the effort for a bi-partisan group of states.

West Virginia’s lawsuit claims the proposed regulations are illegal because emissions from coal-fired plants are already regulated under a federal hazardous air pollutant program. Morrisey said Wednesday the Clean Air Act prohibits double regulation of such emissions.

“So, we’re trying to argue that the court should provide relief to us now and not go through years of court cases needlessly spending money,” he said.

Twelve other states have joined West Virginia in the legal fight against the proposed rules. They include other coal producing states like Kentucky and Wyoming.