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West Virginia’s lawsuit, filed last year and supported by various fossil fuel firms and rightwing groups, argues that the EPA shouldn’t be able to issue rules that “are capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy” and claims that Congress alone should decide on regulation of this scope.
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“This case is much more than about climate change, it gets down to who makes the decisions, should it be an unelected body of bureaucrats or should Congress provide the clear signal,” said Patrick Morrissey, attorney general of West Virginia. The Biden administration has pointed out there is no current EPA climate regulation on coal plants, meaning that there is no case to argue at all.
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The case has a tangled history that highlights America’s jarring absence of any climate regulations on the US electricity sector, which is responsible for a quarter of the country’s emissions, even as it has set emissions standards for the pollution spewed out by cars and trucks.