West Virginia officials unite against EPA power plant regulations

U.S. Sen. Shelley Moore Capito, R-W.Va., was among the first West Virginia officials to announce a concrete action against the rules, pledging to back a formal congressional rebuke.

“To protect millions of Americans, including energy workers, against executive overreach that has already been tried and rejected by the Supreme Court, I will be introducing a Congressional Review Act resolution of disapproval to overturn the EPA’s job-killing regulations announced today,” she said in a press release Thursday.

U.S. Sen. Joe Manchin, D-W.Va., said he planned to support Capito’s resolution.

“We’ll work together on that. Her and I, our teams are going to work together,” he said. “Absolutely. We’ll have a CRA on this. Hopefully, we’ve got more than just 51-to-52; you need 60 (Senate votes). Still, the president will veto it, and it’s going to end up in court.”

The CRA refers to the Congressional Review Act, a tool that Congress can use to overturn rules issued by federal agencies.

The EPA’s power plant regulations have already become an election issue, Manchin said.

“I think it could very much put President Biden’s election in peril — it very much could,” Manchin said. “Especially if Donald Trump ... would ever get the verbiage down on this and be able to explain it in a more rational, more central way.”

Cecil Roberts, president of the United Mine Workers of America, said the union is still in the process of determining a response.

“We are analyzing the potential impact of this rule on our membership and will have more to say after that analysis is completed,” he said. “At first glance, however, this rule looks to set the funeral date for thermal coal mining in America for 2032 — just 7 1/2 years away — along with the hundreds of thousands of jobs that are directly and indirectly associated with it.”

West Virginia Attorney General Patrick Morrisey said his office plans to challenge the primary suite of rules, along with “several other rules aimed at destroying traditional energy providers.”

“We’re reviewing those rules as well, and we’ll be working with state and industry partners to implement the best strategy for fighting back against Biden’s anti-energy agenda,” Morrisey said.

Gov. Jim Justice held an event at Independence Hall in Wheeling to condemn the rules. He was joined by a group of coal miners.

“The EPA and White House’s tone is clear: West Virginia doesn’t matter,” Justice said. “We are being told to close our facilities and send workers home without considering the economic impact. All West Virginians need to support our miners right now.”