By Jessica Medeiros Garrison
Far from the universe of federalism, an interesting constellation has formed. Democratic state attorneys general have circled around the EPA to support a proposed federal agency action, commonly referred to as Rule 111(d). The rule would have uncommon results, raising electricity rates and the costs of goods and services under the guise of reducing emissions. Republican AGs have opposed the tactic for over a year and last month filed suit to return the regulatory authority to the states, as Congress originally intended.
At issue is the overreach of the Obama administration and the EPA. The group of 12 states, led by West Virginia Attorney General Patrick Morrisey, asked the U.S. Court of Appeals to invalidate a 2011 settlement agreement in which the EPA promised to regulate carbon dioxide emissions from existing coal-fired power plants under Section 111(d) of the Clean Air Act (CAA).
The agreement is illegal because coal-fired power plants are already regulated under a separate section of the Clean Air Act and the law explicitly forbids the “double-regulation” of these plants.
Read more from Jessica Medeiros Garrison's Op-Ed in The Daily Caller.