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On Monday, West Virginia governor Earl Ray Tomblin said he had directed state attorney general Darrell McGraw to join an open petition for review in the US Court of Appeals for the District of Colombia Circuit to challenge the MACT rule.
The regulations, which the governor said were “killing jobs and the coal industry”, have already led many utility companies to announce they will shut down coal-fired power plants in West Virginia and across the US.
“This is a shining example of the EPA, an unelected federal bureaucracy, making policy without regard to the economic impact of its decisions,” Tomblin said.
“I will continue to fight for West Virginia jobs and against the EPA’s ideologically driven, job-killing agenda.”
In 2011, West Virginia and 24 other US states, along with the territory of Guam, filed a “friend of the court” brief in the underlying litigation for the MACT rule, which regulates pollutants emissions from coal-fired facilities.
