Press Release

ALEC Applauds Supreme Court Decision in West Virginia v. EPA

This ruling puts the brakes on the EPA’s regulatory trainwreck. For decades this agency has significantly changed the course of entire industries, resulting in higher energy costs for hard working American families, while also eliminating tens of thousands of high-paying jobs.

Ruling puts the brakes on the EPA’s regulatory trainwreck

 

For Immediate Release

Media Contact: Catherine Mortensen, cmortensen@alec.org, 703.478.4643

Arlington, Va. – The American Legislative Exchange Council (ALEC) released the following statement on today’s U.S. Supreme Court decision in West Virginia v. EPA, truncating the Environmental Protection Agency’s (EPA) power to regulate greenhouse gases:

“By ruling in favor of the plaintiffs, today’s decision is a win for states’ rights and a welcome restraint on the heavy hand of federal regulation,” said Joe Trotter, ALEC Task Force Director for Energy, Environment, and Agriculture. “This ruling puts the brakes on the EPA’s regulatory trainwreck. For decades this agency has significantly changed the course of entire industries, resulting in higher energy costs for hard working American families, while also eliminating tens of thousands of high-paying jobs.

“The Clean Air Act notably identifies states as being first among equals to the federal government when implementing environmental regulations. In fact, the preamble of the Clean Air Act states ‘air pollution…at its source is the primary responsibility of States and local governments.’

The Court’s decision on whether the EPA has the authority to make a substantial rule reads:

Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible “solution to the crisis of the day.” New York v. United States, 505 U. S. 144, 187 (1992). But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.

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The American Legislative Exchange Council is the largest nonpartisan, voluntary membership organization of state legislators in the United States. For more information about the American Legislative Exchange Council, please visit: www.alec.org.