Attorney General McCuskey leads coalition to support roll-back of Biden-Era rule that has harmed America’s energy independence

WV AG JB McCuskey, along with the Attorneys General of Kentucky and Indiana, are leading a coalition of 28 Attorneys General in providing comments to the Environmental Protection Agency (EPA) to support a proposed rule that would eliminate harmful greenhouse gas emissions standards for fossil fuel-fired power plants. The Biden-era rule jeopardized America’s energy independence and caused prices to skyrocket for American families.

“For years, the EPA has sought to regulate the coal industry out of existence through oppressive emission controls. The rule was rooted in climate extremism and little science. But finally, we have an EPA that is taking bold action to return to the real meaning of the Clean Air Act. We are proud to lead the effort to stand up for the repeal of this rule which will continue to protect our environment, while allowing our energy sector to flourish,” Attorney General McCuskey said.

The EPA has sought to use aggressive emission rules to press coal-fired power plants into retirement since the early days of the Obama administration. West Virginia led successful challenges to those actions, and its view ultimately prevailed before the Supreme Court in West Virginia v. EPA. The Biden-era rule was another unlawful attempt to weaponize the Clean Air Act against the EPA and evade the Supreme Court’s decision. West Virginia thus led a 25-state coalition in challenging the Biden iteration that EPA is now proposing to repeal.

“As States, we take seriously both our traditional authority in energy regulation and our statutory role within the cooperative federalism framework of the Clean Air Act (CAA).  But under the past administration, that authority was thwarted.  The Proposed Rule will restore the Clean Air Act to its proper meaning and help States secure affordable, reliable, and environmentally responsible energy for everyone,” the comment letter explains.

Attorneys General from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming, joined the comments led by West Virginia Attorney General JB McCuskey, Indiana Attorney General Todd Rokita and Kentucky Attorney General Russell Coleman.

Read the comment letter here.

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Kallie Cart

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