Senator Capito to introduce resolution to overturn EPA's Clean P - WVVA TV Bluefield Beckley WV News, Weather and Sports

Senator Capito to introduce resolution to overturn EPA's Clean Power Plan



WASHINGTON, D.C. – U.S. Senators Shelley Moore Capito (R-W.Va.) and Heidi Heitkamp (D-N.D.) will introduce a resolution of disapproval under the Congressional Review Act to stop the Environmental Protection Agency (EPA) from moving forward with its proposed Clean Power Plan regulations for existing power sources next week.

Today’s announcement follows publication of the Clean Power Plan in the Federal Register. Under the Congressional Review Act, Congress can overturn actions by a federal agency, like EPA, after a rule is formally published and submitted to Congress. If the resolution is enacted into law, it would nullify the Clean Power Plan, including any portions of the regulations that have already gone into effect. 

"It is my intent to pursue all available avenues for fighting back against the administration’s devastating assault on West Virginia’s energy industry. Too many Americans, jobs, families and communities have been negatively impacted by this administration’s overreaching regulations, and more pain will be felt if the Clean Power Plan is ever implemented," said Senator Capito. "Congress deserves to have an opportunity to vote on whether the administration’s far-reaching energy regulations should go into effect, and I look forward to working with Leader McConnell and others to make that happen."

“North Dakota needs flexible, feasible rules if we’re going to find a realistic path forward to reduce emissions. And, as I have long said, those rules need to acknowledge the reality that coal provides almost a third of our country’s electricity,” said Senator Heitkamp. “The EPA regulations on existing power plants don’t fit the bill. In fact, the final rule requires emissions reductions four times higher for North Dakota than were required by the proposed rule, even after my state’s utilities spent considerable time and resources working in good faith with the EPA on a viable goal. This resolution enables many senators to express their frustration legislatively, and is just one avenue – I’ll keep doing everything I can to find workable solutions for North Dakota utilities and consumers through any and all available options. Last month, I got EPA to commit to sending technical staff to North Dakota to address our challenges on the ground. North Dakota families and small businesses should know they can get the affordable, reliable electricity they need.”

U.S. Senate Majority Leader Mitch McConnell (R-Ky.) announced that he will introduce a related resolution of disapproval today regarding the proposed Clean Power Plan regulations for new power sources. 


Meanwhile WV Attorney General leads multi-state lawsuit against EPA asking court to stop unlawful emission rule.

Read the full NEWS RELEASE below:

CHARLESTON — Attorney General Patrick Morrisey today [Friday] announced he is leading a coalition of 23 other States in a lawsuit, asking a federal court to strike down a new U.S. Environmental Protection Agency (EPA) Rule, known as the Clean Power Plan, which unlawfully expands the federal government’s regulatory power over electricity production and consumption in nearly every State.
“The Clean Power Plan is one of the most far-reaching energy regulations in this nation’s history,” Attorney General Morrisey said. “West Virginia is proud to be leading the charge against this Administration’s blatant and unprecedented attack on coal.”
The Rule forces States to develop plans to dramatically reduce carbon dioxide emissions by an average of 32 percent by 2030. EPA says this goal can be accomplished by reducing or eliminating coal-based energy generation.
“EPA claims to have sweeping power to enact such regulations based on a rarely-used provision of the Clean Air Act but such legal authority simply does not exist,” Morrisey said.
Forcing such drastic changes in electricity production, coal-fired plants will be subjected to costly compliance measures or closure, leading to skyrocketing electricity rates and loss of reliable electricity for West Virginian families.
“As Attorney General, I have a responsibility to protect the lives of millions of working families, the elderly and the poor, from such illegal and unconscionable Federal Government actions,” Morrisey said. “It’s the people who can afford it least who are going to be affected the most.”
In the Petition for Review filed this morning and the Stay Motions which will be filed later today in the U.S. Court of Appeals for the District of Columbia Circuit, the States argue the Rule is illegal and will have devastating impacts upon the States and their citizens.  
The Section 111(d) rule exceeds EPA’s authority by unlawfully forcing States to fundamentally alter state resource-planning and energy policy by shifting from coal-fired generation to other sources of power generation, with a significant emphasis on renewable sources. The Rule is also illegal because it seeks to require States to regulate coal-fired power plants under Section 111(d) of the Clean Air Act, even though EPA already regulates those same plants under Section 112 of the Act. 
The States challenging the Rule include West Virginia, Texas, Alabama, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Jersey, Ohio, South Carolina, South Dakota, Utah, Wisconsin, Wyoming, the Arizona Corporations Commission, and the North Carolina Department of Environmental Quality. 

A copy of the Petition for Review can be viewed here:


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