West Virginia joins states asking high court to hear emissions challenge

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West Virginia Gov. Earl Ray Tomblin and Attorney General Patrick Morrisey announced last week the state is joining two other states in filing an amicus brief asking the U.S. Supreme Court to hear a challenge to federal environmental rules.

Kansas, Montana and West Virginia are all asking the court to hear a case challenging the U.S. Environmental Protection Agency’s rules allowing the federal government to regulate greenhouse gas emissions from stationary sources. The brief was filed last week following a ruling by the U.S. Court of Appeals for the District of Columbia in favor of the EPA in four consolidated cases, according to a statement from Morrisey’s office.

According to the release, the states believe 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.”

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