- The Washington Times
Friday, October 29, 2021

The Supreme Court announced Friday it would hear a challenge from a group of red states, led by West Virginia, against Environmental Protection Agency rules aimed at limiting greenhouse gas emissions from power plants. 

The 19 states and energy companies say the EPA cannot set limits on carbon emissions under the Clean Air Act without authorization from Congress, claiming that would violate the Constitution’s separation of powers. And Republicans have argued the rules would increase energy costs and eliminate jobs.

The D.C. Circuit Court of Appeals ruled against the states this year, giving the EPA the authority to set standards for factories and power plants.

“This is a tremendous victory for West Virginia and our nation,” said state Attorney General Patrick Morrisey. “We are extremely grateful for the Supreme Court’s willingness to hear our case. It indicates a significant portion of the court realizes the seriousness of this case and shares our concern that the D.C. Circuit granted EPA too much authority.”

At least four justices voted to review the lower court’s ruling. 

West Virginia was joined in its legal fight by officials representing:  Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming.

A ruling in the case is expected by the end of June. 

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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