West Virginia has joined a group of other states in a lawsuit aimed at overturning the U.S. Environmental Protection Agency's recently released power plant regulations, according to a press release.
The 25-state suit asks the U.S. Court of Appeals for the District of Columbia Circuit to review and declare the regulations unlawful.
“This rule strips the states of important discretion while using technologies that don’t work in the real world — this administration packaged this rule with several other rules aimed at destroying traditional energy providers,” said State Attorney General Patrick Morrisey. “We are confident we will once again prevail in court against this rogue agency.”
A broad range of West Virginia officials and energy industry advocates have said the EPA's suite of rules will force the state's coal-fired facilities to close in the years ahead and have pledged to take action.
Sens. Shelley Moore Capito, R-W.Va., and Joe Manchin, D-W.Va., have said they plan to work together on a Congressional Review Act resolution of disapproval against the rules.
Although Capito said she has “no illusions” that President Joe Biden would sign the resolution into law, she said there is enough support among lawmakers for the measure to pass the Senate and House of Representatives.
“The big stumbling block, of course, (is) the president will not sign this and we don’t have enough to override his veto,” Capito said. “But we’re certainly sending a strong message that we don’t agree with what this is going to do to the heartland of the country and really all parts of the country.”
Gov. Jim Justice held an event at Independence Hall in Wheeling shortly after the release of the rules where he was joined by a group of coal miners.
“The EPA and White House’s tone is clear: West Virginia doesn’t matter,” Justice said. “We are being told to close our facilities and send workers home without considering the economic impact. All West Virginians need to support our miners right now.”
Chris Hamilton, president of the West Virginia Coal Association, said the rules are “specifically designed” to force the state’s nine coal-fired power plants to close.
“What EPA is doing is economic suicide,” he said. “West Virginians will lose jobs. Americans will continue to pay increasingly more expensive power bills. Our state and national electric systems will become even more unreliable as the grid weakens and base load power supplies are severely reduced. And just as West Virginia will likely import its future energy, America’s energy security will become more dependent on foreign countries and potentially foreign adversaries.”
The power plant rules are intended to “to protect all communities from pollution and improve public health without disrupting the delivery of reliable electricity,” according to the agecny.
The suite of final rules includes:
A final rule for existing coal-fired and new natural-gas-fired power plants that would ensure all coal-fired plants that plan to operate in the long-term and all new baseload gas-fired plants control 90% of their carbon pollution.
A final rule that would strengthen and update the Mercury and Air Toxics Standards (MATS) for coal-fired power plants, tightening the emissions standard for toxic metals by 67% and finalizing a 70% reduction in the emissions standard for mercury from existing lignite-fired sources.
A final rule that would reduce pollutants discharged through wastewater from coal-fired power plants by more than 660 million pounds per year, ensuring cleaner water for affected communities, including communities with environmental justice concerns that are disproportionately impacted.
A final rule that would require the safe management of coal ash that is placed in areas which were unregulated at the federal level until now, including at previously used disposal areas that may leak and contaminate groundwater.