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West Virginia AG Morrisey: EPA Case Vital in Separation of Powers Argument

Patrick Morrisey
West Virginia Attorney General Patrick Morrisey. (AP Photo/Leah M. Willingham)

By    |   Monday, 28 February 2022 10:10 AM EST

A case challenging the Environmental Protection Agency's powers when it comes to fossil fuel regulation is "probably one of the biggest separation of powers cases" to come before the Supreme Court in recent years, West Virginia Attorney General Patrick Morrisey said Monday morning, before opening arguments were to begin 

"We think anytime there's a major issue or question facing the American public and you have to reach a decision as to who has the authority to act, when it's a major question of the day as a major political, major social, major economic, Congress needs to step in and take action and make the decision, not unaccountable bureaucrats," Morrisey, a Republican, said on Fox Business' "Mornings With Maria." 

The case of West Virginia v. EPA pits attorneys general from West Virginia and other GOP-led states against power utilities, public health groups, and the Biden administration, and experts say its outcome may determine if the United States will be able to meet the government's goal of a complete shift to the use of clean energy sources by 2035, as well as a call to cut carbon pollution by 50% within the next eight years.

"We don't think that the EPA has the unilateral ability to decarbonize our country," said Morrisey on Monday. "We know there's only a limited amount of authority that the EPA possesses with respect to these carbon emissions, so we want to rein them in. This is a great opportunity to rein in federal overreach."

He added that West Virginia has traditionally relied on coal production for its economy, but natural gas also has "incredible potential," but there is a "real fight" with President Joe Biden's administration. 

"They're looking at every opportunity to curtail those opportunities even though we know that it could lead to a brighter future for our citizens," said Morrisey. 

The administration is also creating an "administrative state run amok," said Morrisey. 

"We've never seen it grow to this length, and we know they've been issuing one unlawful regulation after another," he said. "That's why the Republican attorneys general have had many major wins against Biden's overreach, but we have to keep going because we know as Congress' majority will likely flip sometime in November, Biden may feel that he can only resort to the pen."

The case being heard before the Supreme Court, and others like it, are critical to holding back federal overreach, said Morrisey. 

"It will not only affect American energy, but it'll also affect these mandate questions, it'll affect the financial services system, the health care system," said Morrisey. "It's important that we get all this stuff done right, but we've never seen something this aggressive. That's why we have to step up and take action."

Sandy Fitzgerald

Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics. 

© 2025 Newsmax. All rights reserved.


Newsfront
A case challenging the Environmental Protection Agency's powers when it comes to fossil fuel regulation is "probably one of the biggest separation of powers cases" to come before the Supreme Court in recent years, West Virginia Attorney General Patrick Morrisey said Monday.
morrisey, epa, supreme court, fossil fuel
455
2022-10-28
Monday, 28 February 2022 10:10 AM
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