CLARKSBURG, W.Va. — There weren’t many decisions from the end of the Supreme Court’s last term that Republican Attorney General Patrick Morrisey agreed with, but noted that their 5-4 ruling on the EPA’s Clean Power Plan was a positive sign.
“We believe that this decision could be very positive as we continue our litigation against the President’s so-called Clean Power Plan,” he said.
Morrisey’s hope is that this ruling will force the EPA to re-adjust their rule-making process. He said that by the EPA’s failure, power plants across West Virginia and the United States began implementing a process that will never come to fruition.
“And I’m hopeful that this will be a wake-up call for the EPA that they have to handle their rule-making in a different way,” said Morrisey.
Similarly, a new challenge will likely be made on the EPA’s extension on regulating “navigable waters.” Morrisey said that they should look at the Supreme Court’s ruling as an example of why overreach is a serious problem.
“The challenge, of course, is ensuring that the EPA does the right thing at the outset,” said Morrisey. “Many of the power plants are already working to convert–to conform–with those standards, and now here we are years later and the power plants find out years later that the actions the EPA has taken are not legal and they are not in compliance with the Clean Air Act.”
Morrisey claims that this is not out of the ordinary for the Obama Administration–citing regular executive overreach.
“This President is really going much further than the law allows, and it’s critical that we restrain that authority–not only through the courts–but of course we need Congress to exercise its own authority to push back.”
While the EPA’s Clean Power Plan heads back to the drawing board, the “navigable water” challenge is only just beginning.
“We think this is real overreach and it’s illegal,” said Morrisey. “And we’re right in court, and I’m going to fight it on behalf of the citizens of our state.”