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WV Governor sues Obama Administration

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West Virginia Gov. Joe Manchin is suing the Obama administration in an attempt to overturn its efforts to curb mountaintop removal coal mining.

The lawsuit comes as Manchin faces criticism for his ties to the president in his campaign for the U.S. Senate seat left vacant by the death of the late Robert C. Byrd.

Manchin said Wednesday the lawsuit has been in the works since long before Byrd's death in June.

The governor invoked Byrd's legacy during a news conference at the Capitol. He pulled out a copy of the U.S. Constitution and quoted the 10th Amendment, which deals with states' powers.

The lawsuit challenges the Environmental Protection Agency's regulatory plan that the agency says will eliminate valley fills.

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