Published: November 20, 2024 |

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West Virginia officials have been pushing back against the U.S. Environmental Protection Agency’s pollution standards for fossil fuel-fired power plants since the proposed set of rules were released in May 2023. The final rules were released in May 2024.

West Virginia joined several legal actions against the EPA rules, including a multi-state coalition that urged the U.S. Supreme Court to intervene earlier this year.

With a changing of the guard in Washington on the horizon, it remains to be see what will happen with a set of rules stakeholders of West Virginia’s energy industry have said are specifically designed to force coal-fired power plants to close.

President-elect Donald Trump has already announced his pick to lead the EPA, former New York congressman Lee Zeldin.

West Virginia Attorney General-elect John “J.B.” McCuskey said he believes Zeldin will do away with the proposed rules altogether.

“That is obviously our hope. I am very hopeful that the new secretary, Zeldin, is going to be a pro-coal, pro-gas, pro-West Virginia energy secretary,” said McCuskey.

McCuskey said he looks forward to meeting with Zeldin and explaining the state’s contentions with the proposed rules.

“And then coming up with a strategy to ensure that the EPA’s current Clean Power Rule, which is unworkable on its face, finds the garbage can so that we can continue to do the things that we need to do to make sure that Americans have cheap and reliable electricity,” said McCuskey.

McCuskey, along with Gov.-elect Patrick Morrisey, have expressed a desire to work cooperatively with the incoming Trump administration.

When the rules were released, Morrisey, the state’s current attorney general, said he was “confident this new rule is not going to be upheld.”

“We’ll be working with state and industry partners to implement the best strategy for fighting back against Biden’s anti-energy agenda,” said Morrisey.

Gov. Jim Justice, who soon will be the state’s next U.S. senator, held an event at Independence Hall in Wheeling shortly after the release of the rules. The governor was joined by a group of coal miners.

“The EPA and White House’s tone is clear: West Virginia doesn’t matte. We are being told to close our facilities and send workers home without considering the economic impact. All West Virginians need to support our miners right now,” said Justice.

Sen. Shelley Moore Capito, R-W.Va., was recently elevated to No. 4 position in the GOP Senate leadership team and is slated to serve as chair of the U.S. Senate Committee on Environment and Public Works.

Capito also expressed confidence that an EPA run by Zeldin would scrap or alter the regulations.

“I think you’ll see this regulations and these rules that have come forward dramatically fall by the wayside, or be reshaped. And I would anticipate that we’ll do that through our committee. It will not [stand] as is and cannot stand as is,” added Sen. Shelley Moore Capito.

With Trump poised to return to the White House and Republicans in control of the Senate and U.S. House of Representatives, there is an opportunity to pass a comprehensive national energy policy, Capito said.

“We have to have a serious, all-of-the-above energy policy. And not pick winners and losers,” said Capito.

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