WASHINGTON, D.C. – U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, today released the below statement following the Supreme Court’s announcement that it will hear a case about the U.S. Environmental Protection Agency’s (EPA) authority to regulate power plant emissions under the Clean Air Act, the subject of the Affordable Clean Energy (ACE) Rule—a commonsense alternative to the Obama-Biden era Clean Power Plan (CPP):

“Just yesterday, EPA Administrator Michael Regan told the press that he intended to ‘push the envelope’ of his agency’s statutory authority when it comes to issuing regulations that destroy West Virginia jobs and raise energy prices. ‘Pushing the envelope’ could include a return to the crown jewel of the Obama administration’s War on Coal, the Clean Power Plan—or even something more burdensome and costly for the power sector. That is why it is so important that courts apply our laws fairly and prevent agencies from exceeding the power given to them by Congress. This is an important case to demonstrate that elected representatives, not administrative agencies, are responsible for making our nation’s laws. I commend the justices for agreeing to take this important case and West Virginia Attorney General Patrick Morrisey for bringing this matter to our nation’s highest court.” 

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