State attorneys normal take EPA case to Supreme Courtroom | Information

CHARLESTON – A coalition of attorneys general from across the country, including Patrick Morrisey of West Virginia AG, has asked the US Supreme Court to approve an appeals court ruling related to the EPA and its power to “decarbonize virtually everyone Sectors “cancel the economy …”

Morrisey announced the motion Thursday, calling on the High Court to take “swift action” to halt the lower court’s decision, which the coalition said was wrongly to “use a small provision of federal law to give the EPA a.” to grant broad authority – without a conference contribution – to unilaterally and virtually decarbonise all branches of the economy, including factories and power plants, as well as millions of households and small businesses that use natural gas as a heat source. “

“This wildly expansive power to regulate factories, hospitals, and even homes has enormous costs and consequences for all Americans, especially the miners, pipelines, natural gas producers, and utility workers in West Virginia, as well as the myriad of others who depend on their success. ” he said. “If, as we argue, the EPA lacks such extensive authority, the Supreme Court should make it clear now. Any further delay will create costs that the energy sector can never recoup, forcing states to put even more years and resources into a company that is at best legally insecure. “

Morrisey said the coalition’s petition, filed Thursday, argues that a decision by the U.S. Court of Appeals on the District of Columbia Circuit violates the constitutional separation of powers. It is alleged that the lower court inappropriately interpreted Section 111 of the Clean Air Act to authorize the EPA to bypass Congress to wield broad regulatory power that would radically transform the country’s energy grid and force states to reduce their energy portfolios fundamentally to turn away from coal combustion.

The petition also claims the appeals court ignored a February 2016 Supreme Court stay that the coalition believes should indicate that the Supreme Court viewed applicable law as a restriction on the EPA’s authority – not an extension.

West Virginia opened the petition Thursday with assistance from Attorney General in Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wyoming and the governor from Mississippi.

– Contact Charles Boothe at

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