Morrisey-backed lawsuit to challenge EPA authority taken up by SCOTUS

(The Center Square) – A lawsuit backed by West Virginia Attorney General Patrick Morrisey to challenge alleged overreach from the Environmental Protection Agency will be taken up by the United States Supreme Court.

The legal challenge, which was brought by Morrisey and 18 other Republican attorneys general, is asking the court to reverse an appellate ruling, which would give the EPA broad authority to limit carbon outputs without legislative action. The petitioners claim such authority violates the separation of powers and would allow the agency to carbonize any sector of the economy, such as factories and power plants.

In a statement, Morrisey said the court’s decision to take the case is a victory for West Virginia and the country.

“We are extremely grateful for the Supreme Court’s willingness to hear our case,” Morrisey said. “This shows the Court realizes the seriousness of this case and shares our concern that the D.C. Circuit granted EPA too much authority. Given the insurmountable costs of President Biden’s proposals, our team is eager to present West Virginia’s case as to why the Supreme Court should define the reach of EPA’s authority once and for all.”

The petitioners claimed that the appellate court misinterpreted the Clean Air Act to grant the EPA more authority than lawmakers intended and went against a 2016 Supreme Court ruling to limit the EPA’s authority. According to the petition, granting the EPA this authority could threaten jobs throughout the country, damage the coal mining industry and increase energy costs.

“The case is incredibly important because Biden is trying to impose a radical climate policy on Americans and cut emissions in half by 2030,” Morrisey said. “The D.C. Circuit gave EPA a green light to unilaterally decarbonize the power sector and other industries. But the Constitution does not allow a federal agency to have that much power to reshape America. The Supreme Court will now decide whether EPA has unfettered authority to decarbonize America.”

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