Gov. Earl Ray Tomblin and Attorney General Patrick Morrisey announced May 24 that West Virginia has joined Kansas and Montana in filing an amicus, or "friend of the court," brief asking the U.S. Supreme Court to hear a challenge to Environmental Protection Agency rules that would allow the federal government to regulate greenhouse gas emissions from stationary sources.
The brief was filed Thursday, May 23, and follows a ruling by the U.S. Court of Appeals for the District of Columbia in favor of the EPA in four consolidated cases.
The states contend the EPA's "tailoring rule" contradicts explicit provisions of the Clean Air Act and establishes new compliance levels for greenhouse gas emissions that are significantly higher than the levels specified in the statute.
West Virginia and the other amicus states maintain the U.S. Supreme Court should hear the case to clarify that the EPA has misinterpreted the Clean Air Act and acted outside the scope of its legal and Constitutional authority.
Tomblin said in a media release that the EPA's proposed limits on greenhouse gas emissions threaten the livelihoods of coal miners.