‘Déjà vu’: States urge SCOTUS to freeze Biden power plant rule

By Niina H. Farah | 07/23/2024 04:19 PM EDT

West Virginia Attorney General Patrick Morrisey is hoping for a repeat performance after defeating the Obama-era Clean Power Plan.

Attorney General Patrick Morrisey

West Virginia Attorney General Patrick Morrisey (R). Francis Chung/POLITICO's E&E News

Twenty-four Republican state attorneys general are calling on the Supreme Court to immediately halt EPA’s rule curbing planet-warming emissions from the power sector.

West Virginia Attorney General Patrick Morrisey (R) led the application to the court’s emergency docket Tuesday after a lower court declined last week to stop the EPA rule targeting the nation’s second-largest source of greenhouse gas emissions.

The attorneys general asked the justices to intervene — just as they did in 2016 to block EPA’s Clean Power Plan. The high court later overturned the Obama-era rule in 2022 in the landmark West Virginia v. EPA ruling, and the Clean Power Plan never went into effect.

Advertisement

“It’s déjà vu all over again,” Morrisey and the other attorneys general wrote in their application.

GET FULL ACCESS