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