West Virginia’s attorney general is once again leading a coalition of states against the U.S. EPA’s carbon agenda — this time against the Clean Power Plan’s new power plant component, the New Source Performance Standards.
Attorney General Patrick Morrisey on Nov. 3 released an unofficial version of his petition for review of the EPA’s new source rule, which will be submitted to the U.S. Court of Appeals for the District of Columbia Circuit. While he provided few details of his challenge, Morrisey pledged to show that the rule exceeds the EPA’s statutory authority and is otherwise arbitrary and capricious. Those seeking to challenge an agency action must indicate their intent to do so within 60 days of a rule’s publication in the Federal Register, although they do not have to lay out their arguments in that filing.