MORGANTOWN — State Attorney General Patrick Morrisey led the pack of people celebrating the victory in West Virginia v. EPA on Thursday.
“When you have something this big, something with vast economic and political significance, that represents an extraordinary question, and that means Congress is supposed to step in as opposed to the unelected bureaucrats,” he said during a press conference.
West Virginia v. EPA stems from a 27-state case led by Morrisey against the Obama-era Clean Power Plan, which resulted in a stay of the plan by the Supreme Court in 2016. In 2019, the Trump EPA replaced it with the Affordable Clean Energy Rule, which established emissions guidelines for states to use when developing plans to limit carbon dioxide at their coal-fired power plants. States would have three years to submit plans, in line with other planning timelines under the Clean Air Act.
But in January 2021, the U.S. Court of Appeals for the District of Columbia Circuit vacated the 2019 ACE Rule. Morrisey and the other states say the D.C. court wrongly used a portion of the Clean Air Act to grant the EPA even more sweeping powers.
In a 6-3 ruling issued Thursday, the U.S. Supreme Court overturned the appeals court ruling. It said, “The only question before the Court is … whether the ‘best system of emission reduction’ identified by EPA in the Clean Power Plan was within the authority granted to the Agency in Section 111(d) of the Clean Air Act. For the reasons given, the answer is no.”
At the conclusion of the opinion, Chief Justice Roberts, who drafted it, said, “Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day.’ But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”
Morrisey said he believes this ruling will offer footing for future fights against federal regulatory overreach. “West Virginia did our best. We went all the way up to the high court. We won. … We were able to reinforce the rule of law.” At that will cause administrations to look at administrative law differently.
Not everyone was happy. The Dominion Post contacted the state chapter of the Sierra Club and because Sierra was a litigant in the case, was referred to the club’s statement.
Andres Restrepo, senior attorney for the Sierra Club’s Environmental Law Program, said, “This is a deeply disappointing and dangerous decision that eliminates EPA’s most effective tool for reducing harmful climate pollution from existing power plants. This decision gives coal executives and far-right politicians exactly what they asked for by frustrating EPA’s efforts to set strong, effective carbon pollution standards from power plants that would help protect our communities and families.
“For years,” he said, “EPA has had the clear authority and duty under the Clean Air Act to effectively reduce climate-disrupting carbon dioxide pollution from fossil fuel-burning power plants, in line with the action the public and science demands. But today’s decision accommodates the powerful instead of the people by seriously narrowing that authority. … Now, EPA must forge ahead and issue new standards that require each of the nation’s remaining coal and gas plants to minimize their pollution to the greatest extent possible. And most importantly, it is up to Congress and the Biden Administration to act quickly to pass bold climate legislation—our future depends on it.”
Other comments
Sen. Shelley Moore Capito
Capito is ranking member of the Senate Environment and Public Works Committee. She said, “As detailed in the bicameral amicus brief I led along with Congresswoman McMorris Rodgers, this case was critical in making clear that EPA does not have the authority to issue regulations that transform how we use and generate electricity in this country. If Congress had intended to give EPA such sweeping authority to transform an entire sector of our economy, Congress would have done so explicitly. Today’s decision by the Supreme Court is welcome news and further proves that EPA overstepped its authority by imposing enormously burdensome regulations on states to reconfigure our electric grid despite Congress’s rejection.”
Gov. Jim Justice
“This ruling in favor of West Virginia will stop un-elected bureaucrats in Washington, D.C. from being able to unilaterally decarbonize our economy just because they feel like it. … People like to say ‘D.C. has too much power.’ They’re right. For too long, our federal bureaucracy has had almost unlimited, unchecked power over us with little accountability to the public. Agencies shouldn’t get to make unilateral decisions affecting all of our lives without Congress’s vote. That’s what this case really does, it gives power back to the people.”
Rep. David McKinley
McKinley is ranking member for House Energy and Commerce Committee’s Subcommittee on Environment. He said, “West Virginians know better than most the cost of EPA overreach, and I am proud that West Virginia Attorney General Patrick Morrisey led the effort, on behalf of over 20 states … to protect our state’s energy workers against the unelected bureaucrats who continue to wage war on American energy production. The war Russia has instigated in Ukraine has made it clear that energy security is national security. Yet, the Biden administration has continued to restrict American energy producers and expand roadblocks for domestic energy production. We need to be focused on expanding energy production in America so we can regain our energy independence and lower prices at home and at the pump.”
Chris Hamilton, West Virginia Coal Association
“All along this case has been about reining in the unchecked power of federal agencies, and specifically the U.S. Environmental Protection Agency’s ability to limit carbon dioxide emissions from power plants. We are thrilled that the Supreme Court agreed with Attorney General Morrisey’s arguments and signaling that Congressional approval is necessary when addressing major policy questions. Congress, not un-elected bureaucrats, should be the governing body that establishes the laws of this land.”
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