WASHINGTON DC West Virginia’s Attorney General is appealing to a D.C. court over new power plant regulations by the Environmental Protection Agency.
West Virginia Attorney General Patrick Morrisey has asked the U.S. Court of Appeals for the District of Columbia Circuit to block a new rule from the EPA that tightens emissions standards for coal and natural gas power plants.
Morrisey’s office argued Friday that the rule imposes unachievable requirements on these facilities, forcing them to either adopt carbon capture technologies that are not yet viable or shut down operations. The rule sets stricter emissions limits under the Clean Air Act, a move Morrisey claims disregards a 2022 U.S. Supreme Court decision in the case West Virginia v. EPA. That ruling limited the agency’s ability to broadly regulate power plants using narrow provisions of the law.
Morrisey described the rule as undermining state authority and relying on unproven technologies. He also warned that it could lead to widespread closures of coal and gas plants, further straining the country’s energy grid.
The rule is part of the Biden administration’s broader efforts to reduce greenhouse gas emissions from the energy sector. It includes provisions requiring power plants that intend to remain operational long-term to significantly cut or capture emissions by 2032.
The case marks the latest legal battle over federal environmental regulations and their impact on West Virginia’s coal industry.