The Supreme Court's recent ruling in the case of West Virginia v. the Environmental Protection Agency confirmed that the agency never had the authority to regulate greenhouse gases and carbon emissions, West Virginia Attorney General Patrick Morrisey said on Newsmax Thursday.
Government officials have "misled" Americans for years into believing the EPA had that authority, said the West Virginia Republican on Newsmax's "National Report," but "no authority was taken away because it never existed in the first place."
"We've argued that the EPA has a narrow sliver of authority to regulate carbon emissions, but nothing else," said Morrisey. "This case changes that, but what these folks were trying to do is so far afield from the statute to reorder the nation's electricity grid. They never had the power to do it."
With the 6-3 ruling, the court said the Clean Air Act doesn't allow the EPA to have broad authority in regulating greenhouse gas emissions, related to climate change, from power plants.
"This is a huge victory for West Virginia, for our energy sector, and a country and the rule of law," Morrisey said. "This is a very important case not only for energy and environmental regulation going forward, but it clarifies who gets to make the major decisions of the day. And I think that the court did a nice job, articulating that, in terms of our energy resources, we're hopeful that this gives us a little bit more breathing space."
The Biden administration will "continue its assault on fossil fuels, oil, and gas," but at the same time West Virginia wants to be positioned to diversify its economy while relying on the strength of its energy resources, he added.
"We've always thought we want to be positioned to diversify our economy but also rely on the strength of our energy resources," said Morrisey. "I think this case helps, but the bigger implications for West Virginia, this means that federal agencies, going forward, if they're dealing with an issue of vast economic or political significance, they're not going to be able to regulate unless there is a clear statement from Congress."
That's important, he added, as Congress makes such decisions under the Constitution, and "we have to make sure that everyone gets a seat at the table … it reinforces when you have a big question. West Virginia, California, Texas, New York, Nebraska, all the states get to sit down and have a voice and that's the way it should be."
Morrisey added that there are other questions still looming about the role of the Securities and Exchange Commission and rules that would transform it from being a securities enforcement arm into being an environmental regulator.
"It used to be that the SEC was looking to protect investors, not just trying to help advance woke corporate policies in the boardroom, but that's what you're seeing with the SEC," Morrisey said. "That's why West Virginia led the 24 state coalition filing comments, arguing that that proposed rulemaking was not legal … think we get to double down because we believe that's another clear, major question."
Every question isn't a major question, he added, but West Virginia wants to be sure the Biden administration's overreach "comes to an end."
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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.
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