Fundamental Change to Prevent an Unchecked Bureaucracy

By Patrick Morrisey, Attorney General of West Virginia

Did Congress give EPA the power to make states like West Virginia change the way we get our electricity? And even so, is EPA’s plan to do so even realistic?

Those were the questions that my office and other challengers to the so‐called “Clean Power Plan” addressed last fall in an historic court proceeding in Washington, D.C., where lawyers argued for more than six hours before ten judges.

Fast forward four months and the country has a new president whose administration holds the promise of a much more appropriate and lawful EPA.

But change, while good for a time, can be temporary. For that reason, I’ve led a coalition of states urging President Trump and the 115th Congress to enact long‐term solutions to ensure the lawlessness of this past administration never returns.

If you haven’t heard yet of EPA’s “Power Plan,” you need to look into it.

Whatever you think about climate change, the exercise of this kind of power by an unelected administrative agency should make you pause.

The Power Plan was one of former President Obama’s many efforts to circumvent Congress. This attempt involved the regulation of carbon dioxide emissions from existing fossil‐fuel‐fired power plants. Except it wasn’t about making those power plants burn cleaner; it was about closing them down.