McKinley Applauds Supreme Court Ruling to Reject EPA's Overreach Against American Energy

U.S. Supreme Court Rules in Favor of West Virginia's Attorney General Patrick Morrisey in Landmark Case

Washington, D.C. — Congressman David B. McKinley, P.E. (WV-01), the ranking member for House Energy and Commerce Committee’s Subcommittee on Environment, released the following statement regarding the U.S. Supreme Court ruling on West Virginia et al. v. Environmental Protection Agency. This case challenged the Environmental Protection Agency’s (EPA) regulatory overreach in placing unreasonable requirements on powerplants. 

“West Virginians know better than most the cost of EPA overreach, and I am proud that West Virginia Attorney General Patrick Morrisey led the effort, on behalf of over 20 states, in the U.S. Supreme Court to protect our state’s energy workers against the unelected bureaucrats who continue to wage war on American energy production,” said Rep. McKinley.

“The war Russia has instigated in Ukraine has made it clear that energy security is national security. Yet, the Biden administration has continued to restrict American energy producers and expand roadblocks for domestic energy production. We need to be focused on expanding energy production in America so we can regain our energy independence and lower prices at home and at the pump. The Supreme Court made the right decision to restrict the executive branch's regulatory overreach and restore the authority of Congress, which better reflects the interests of the American public.”

“Today's ruling is a major win for America's energy future and I am proud that West Virginia led the charge to restore the balance of power and prevent government overreach.”

In December, 2021 Rep. McKinley joined 43 House members and 49 Senators on an amicus curiae brief supporting the petitioners, namely, the State of West Virginia. The brief is available here


The case, West Virginia, et al. v. Environmental Protection Agency, focuses on the Environmental Protection Agency’s authorities under the Clean Air Act. Specifically, the U.S. Supreme Court determined the scope of EPA’s authorities and restored states’ authority to regulate power sector emissions under Section 111(d) of the Clean Air Act.

Ultimately the Supreme Court decided that the EPA's 2015 "Clean Power Plan" (CPP) exceeded the authority Congress granted the EPA through the Clean Air Act. Prior to the 2015 CPP, the EPA believed the Clean Air Act set emission standards by looking only at those emission reductions achievable directly at a powerplant.

In the 2015 CPP, the EPA reinterpreted the Clean Air Act to allow an emissions reduction approach to set standards unachievable at a coal-fired power plant. Thus, the EPA transformed its Clean Air Act authority to choose winners and losers in an attempt to re-shape America's energy industry. 

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