W. Va. AG Patrick Morrisey: EPA oversteps on coal, clean energy

West Virginia Attorney General Patrick Morrisey joined energy industry representatives at a May 23 Newsmaker to rally against against what Morrisey characterized as EPA overreach on clean energy.

Morrisey charged the Environmental Protection Agency with acting as a central planning authority by overstepping it boundaries and attempting to regulate beyond its scope. Morrisey also said the EPA attempts to double regulate coal-fired power plants under separate sections of the Clean Power Plan. The plan itself, Morrisey said, is unlawful.

Morrisey and attorneys general from 29 other states have sued to stop the Obama Administration's Clean Power Plan.

Morrisey's remarks came after the Supreme Court stayed the implementation of plan. The stay will remain in place pending a full review by an en banc panel of the U.S. Court of Appeals District of Columbia Circuit.

Morrisey, representing the coalition of other states and state agencies will present oral arguments before the appeals court on Sept. 27. There, they hope the court will find that the EPA’s actions are doing irreparable harm to the coal industry and related fields, he said.

Former EPA Air office head Jeff Holmstead stated the EPA’s power grab under the Clean Power Plan “goes way beyond anything any federal agency has ever claimed before.” Holmstead further claimed the EPA - through executive fiat - is seeking to replace 30% of coal fired power plants with preferred methods of energy generation such as wind and solar.

Holmstead further warned that the precedent set by EPA overreach could allow other agencies similar regulatory powers. Dismissing environmental concerns, Holmstead elevated concern for maintaining the rule of law.

Speaking for ClearView Energy Partners and representing the investor’s viewpoint, Christine Tezak forecast different scenarios based on the outcome of the 2016 presidential race. Tezak also pointed to Hillary Clinton’s record of saying she will continue with the policies of the Obama administration, and noted this will continue put coal workers out of jobs.

The panelists were asked to comment on the potential harm to the environment through the continued use of coal, but AG Morrisey deferred to the legal merits of the case and stated his job IS to represent the interests of his state.