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West Virginia’s Capito leads congressional challenge to EPA power plant rules

By Charles Young, The Exponent Telegram

WASHINGTON, DC — U.S. Sen. Shelley Moore Capito has made good on her promise to spearhead the legislative objection to the U.S. Environmental Protection Agency’s new power plant rules.

Capito, R-W.Va., ranking member of the U.S. Senate Environment and Public Works Committee, introduced a formal challenge to the EPA rules through the Congressional Review Act on Wednesday.

The resolution was supported by a bipartisan group of 43 other senators, including U.S. Sen. Joe Manchin, I-W.Va.

“With this Congressional Review Act resolution of disapproval, every member of Congress will have the opportunity to protect America’s energy future, heed the warnings of our nation’s electric grid operators and adhere to the precedent set by the Supreme Court,” Capito said. “This vote is an important one because the Biden administration’s Clean Power Plan 2.0 makes it clear it will stand with climate activists, regardless of the harm that is sure to be done to families, workers and communities across West Virginia and the rest of the country.”

The Congressional Review Act, or CRA, was enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996. It is a tool that members of Congress can use to overturn certain federal rules, according to information from the Congressional Research Service.

However, the CRA was rarely employed until the administration of former President Donald Trump. Trump signed 14 resolutions of disapproval into law.

Those resolutions were largely aimed at rolling back policies enacted under former President Barack Obama.

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