Attorney General Morrisey Files First Briefs against Power Plan at D.C. Circuit Court


CHARLESTON – (RealEstateRama) — West Virginia Attorney General Patrick Morrisey and Texas led 29 states and state agencies Friday in filing opening briefs in their challenge of the Environmental Protection Agency’s Power Plan.

The coalition’s briefs were filed before the U.S. Court of Appeals for the District of Columbia Circuit. Oral arguments are scheduled for June 2-3. Last week, the U.S. Supreme Court stayed enforcement of the rule until arguments in the case conclude.

Attorney General Morrisey releases the following statement regarding the matter.

“The bipartisan coalition’s filing demonstrates in detail EPA’s efforts to transform itself into a central energy planning authority at the cost of West Virginia’s economy and working families. This rule, which exceeds EPA’s authority and sidesteps Congress, must be stopped.

“EPA’s far reaching actions are literally unprecedented, which is undoubtedly one of the major reasons why the US Supreme Court issued its own unprecedented stay last week.

“We remain confident in our arguments and proudly join numerous states and state agencies, labor unions, coal miners, boilermakers, coal operators, utilities, chambers of commerce, consumer groups and concerned citizens in urging the court to strike down this job-killing regulation.”

View a copy of Friday’s opening core brief at and

Contact Information

Curtis Johnson 304.558.2021


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