WV Farm Bureau Magazine April 2016 | Page 9

Fortunately, that is not legal under the Clean Air Act, the Constitution and prior case law. Such transformation only can be approved by Congress.. The Supreme Court’s stay sends a strong signal that serious doubts exist about the Power Plan’s legality. In delaying its implementation, the Supreme Court had to conclude our coalition will likely succeed. Don’t let the White House, EPA or anyone spin you on that point. Even the EPA acknowledged such a decision “would be extraordinary and unprecedented.” Never before, to our knowledge, has the Supreme Court delayed a rule’s implementation before a lower court decided its legality. Every state, coal operator, electricity producer and regulating body should realize the gravity of the Supreme Court’s decision. Aside from any glimpse into the future, the ruling strips EPA of its authority to enforce the Power Plan and eliminates the requirement for anyone to develop compliance strategies. Simply put, everyone impacted by the Power Plan should put their pencils down. Such a tremendous victory doesn’t come without an equally tremendous team. Our broad, bipartisan coalition is comprised of 29 states and state agencies, labor unions, coal miners, boilermakers, coal operators, utilities, chambers of commerce, consumer groups and concerned citizens. My staff attorneys also did a tremendous job. When I took office I sought to recruit the best and brightest attorneys in America to work in our office. Through this victory, you are seeing the high quality of our attorneys’ work product. Now that we have achieved this significant legal victory, we must push as hard as possible to get as many people back to work as possible. Real people are hurting in part due to this Administration’s illegal policies and that has to change. Patrick Morrisey serves as attorney general for West Virginia West Virginia Farm Bureau News 9