West Virginia Attorney General Patrick Morrisey today sent a letter to EPA Administrator Gina McCarthy, which outlines further legal objections to EPA’s plan to regulate carbon dioxide emissions from existing and modified power plants.
In the letter, which is co-signed by attorney generals from 12 additional states, Morrisey notes EPA failed to include required and critical information in the regulatory dockets of two recent proposed rules: one relating to carbon dioxide emissions for existing sources, and one relating to carbon dioxide emissions for modified sources. Because EPA did not include in the dockets key materials on which the agency relies as support for those Proposed Rules, it violated Section 307(d) of the Clean Air Act. As such, the rules must be withdrawn.