On August 1, 2014, Attorney General Patrick Morrisey announced that his office filed a new lawsuit on behalf of West Virginia and 11 other states against the federal Environmental Protection Agency challenging the agency’s decision to regulate carbon dioxide emissions from existing coal fired power plants.  The new suit challenges the legality of the 2011 settlement agreement signed by EPA where it committed to regulate existing power plants under Section 111(d) of the federal Clean Air Act.  Underlying the lawsuit is EPA’s regulation of coal fired power plants under a different section of the law and the federal CAA prohibits “double regulation” using two separate sections of the statute.  A copy of the suit is available from This email address is being protected from spambots. You need JavaScript enabled to view it.