West Virginia, Mining Groups Push Back on EPA Climate Authority

Republican-led states and mining groups filed opening volleys at the Supreme Court on Monday over greenhouse gas authority in a pivotal case that could rattle the Biden administration’s ability to set climate regulations.

Congress never gave the Environmental Protection Agency broad authority to “weaponize” Sec. 111(d) of the Clean Air Act and create sector-wide rules, according to the brief filed by West Virginia on behalf of a coalition of other states.

“Section 111 of the Clean Air Act does not clearly give EPA authority to upend the power industry,” the brief said.

The high court picked up the petition last ...