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U.S. Supreme Court to Hear EPA Carbon Emission Case Brought By WV Attorney General Patrick Morrisey and Other State AGs

Charleston, W.Va. – A nineteen-state coalition of State Attorneys General led by West Virginia Attorney General Patrick Morrisey has successfully petitioned the United States Supreme Court to decide whether the U.S. Environmental Protection Agency (EPA) has the authority to regulate carbon emissions under the Clean Air Act.

The coalition’s appeal follows a January decision of the US Court of Appeals for the DC Circuit striking down the Trump EPA “Affordable Clean Energy Rule” and petitions the U.S. Supreme Court to consider the legal foundation and limits of EPA’s underlying authority. 

Chris Hamilton, President and CEO of the West Virginia Coal Association, said, “We are very appreciative of General Morrisey’s efforts as he works tirelessly to champion causes which directly impact West Virginia jobs and our economy.”

The high court will likely entertain arguments this spring and rule on the matter in summer of 2022.

In addition to West Virginia, the other coalition states include Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming; and Mississippi.

Attorney General Morrisey also led a successful 27-state effort before the U.S. Supreme Court which effectively stopped the Obama Clean Power Plan from taking effect.

“In addition to General Morrisey, Senators Manchin and Capito, our entire Congressional team and other state leaders continue to do all they can to responsibly maintain and grow the use of coal in West Virginia and across this nation,” said Hamilton. 

For additional information, contact Chris Hamilton at (304) 342-4153.