Cross-State Air Pollution Lawsuit, Started in WV, Goes to Suprem - WTRF 7 News Sports Weather - Wheeling Steubenville

Cross-State Air Pollution Lawsuit, Started in WV, Goes to Supreme Court

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The lawsuit challenging air pollution standards started in West Virginia when, in November of this year, Attorney General Patrick Morrisey led a bipartisan group of nine states in a brief, arguing  the EPA exceeded its authority under the Clean Air Act The lawsuit challenging air pollution standards started in West Virginia when, in November of this year, Attorney General Patrick Morrisey led a bipartisan group of nine states in a brief, arguing the EPA exceeded its authority under the Clean Air Act
WASHINGTON, D.C. -

The U.S. Supreme Court Tuesday heard arguments concerning the lawfulness of a federal regulation that limits air pollution across state lines.

The lawsuit challenging air pollution standards started in West Virginia when, in November of this year, Attorney General Patrick Morrisey led a bipartisan group of nine states in an amicus brief, arguing that the EPA exceeded its authority under the Clean Air Act. The lawsuit cites specifically air pollution Transport Rule, which was created in 2011. 


According to Morrisey, the Transport Rule created new air pollution standard and imposed federal implementation plans on states. The amicus brief argues that the Clean Air Act requires the EPA to give states an opportunity to decide how to meet those new standards.


Morrisey, in a statement, said the rule would create further red tape for states and energy companies.

"Our Office is very concerned that this rule, if allowed to stand, will place an undue burden on states, as well as the energy companies that fuel our nation and economy," Morrisey said. "We will be watching the outcome of these arguments very carefully."

Justice Department lawyer, Malcolm Stewart, said the EPA is trying to be an honest broker between all states.

It is unclear how the justices will rule, but during the 90-minute oral arguments a majority of the eight justices hearing the case voiced support for the regulation, according to reports. The ninth justice, Samuel Alito, recused himself from the case.