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Supreme Court Agrees To Hear Suit vs. EPA Free Hand To Set Power Sector Emissions

In an order issued late Friday, the Supreme Court agreed to take up the case, West Virginia v. EPA, brought by 17 state Republican attorneys general and two coal companies, seeking to limit the Environmental Protection Agency’s ability to regulate greenhouse gas emissions from the electric power sector, which it calls Executive overreach.

The brief reportedly argues that the court should “intervene now,” because “how we respond to climate change is a pressing issue for our nation, yet some of the paths forward carry serious and disproportionate costs for States and countless other affected parties” (EIR has not yet reviewed the brief itself.)

“This is a tremendous victory for West Virginia and our nation,” West Virginia’s AG Patrick Morrisey responded to the announcement. “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.” West Virginia took the lead in consolidating four prior related court cases into one for filing before the Supreme Court.

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