June 23rd, 2019 by WCBC Radio

West Virginia Attorney General Patrick Morrisey and a 27-state coalition applauded President Trump’s proposed replacement of the so-called Clean Power Plan, a disastrous, Obama-era rule that the Attorney General blocked at the U.S. Supreme Court in February 2016.

 

The U.S. Environmental Protection Agency announced President Trump’s Affordable Clean Energy rule Wednesday morning.

 

The Attorney General believes the Affordable Clean Energy rule is far preferable to the patently unlawful regime sought by the Obama-era Power Plan. His office will thoroughly review the rule for full compliance with the law.

 

“The Obama-era Power Plan sought to devastate West Virginia coal miners, but our office led the nationwide fight and stopped it at the U.S. Supreme Court,” Attorney General Morrisey said. “That was a crucial victory for West Virginia, but our fight knows no end. We remain a steadfast leader on the national stage and will review the ACE rule thoroughly to ensure that it respects coal miners and the livelihoods of those who depend upon their success.

 

“President Trump has been a friend of our state, and of coal, and the Affordable Clean Energy rule allows our state the autonomy to regulate energy and air quality without much of the unlawful federal overreach of the so-called Clean Power Plan.”

 

The Affordable Clean Energy rule will respect the important role of states in regulating energy and air quality. It is a significant step forward in embracing Congress’ intent for cooperation between the state and federal governments, correcting the Obama-era, one-size-fits-all model that promised to devastate coal communities across the state and nation.

 

Such cooperation restores each state’s authority to consider factors specific to the energy needs and facilities in their borders, including costs, practical achievability and the useful life of any particular power plant.

 

The Trump plan also adopts a more individualized approach to rulemaking with respect for the rule of law, including the Attorney General’s contention that the framework of any replacement must set achievable targets for individual plants – a stark contrast to the Obama EPA’s effort to shutter coal-fired power plants in its massive and unlawful overhaul of the nation’s electrical grid.

 

Attorney General Morrisey challenged the Obama-era Power Plan on the day it was published, blocked its enforcement with a historic and unprecedented victory at the Supreme Court and has continued to lead a broad coalition to ensure its repeal.

 

The Attorney General has long argued the Obama EPA overstepped its authority by transforming the nation’s energy industry, double regulating fossil-fired power plants and forcing states to fundamentally shift their energy portfolios away from coal-fired generation.

 

West Virginia’s historic victory at the Supreme Court stopped the Obama-era regulation in its tracks and provided time for a new administration.

 

In 2017, the Attorney General witnessed President Trump sign an executive order that initiated his administration’s review of the Power Plan and later spoke in support of its repeal during a public hearing at the State Capitol in Charleston.

 

Since then, the Attorney General has continued to lead a coalition of states in advising EPA on the legality and practical needs for any replacement rule through the public comment process.