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Environmentalists say Morrisey overstepped authority

BECKLEY, W.Va. — West Virginia Attorney General Patrick Morrisey overstepped his authority when he sued the Environmental Protection Agency over its Clean Power Plan earlier this year, according to legal papers filed on behalf of a number of state environmental groups.

The Motion to Intervene states the attorney general has no role in the state’s decision-making process concerning the Clean Power Plan.

 The groups’ legal challenge states under West Virginia law, the governor is required to prepare a proposed State Implementation Plan with the help of the state’s Department of Environmental Protection, which is then submitted to the Legislature for review and finally sent to the EPA.

State law, according to the Motion to Intervene, states the governor or the DEP may request, in writing, legal representation in order to commence litigation.

In letters to Lewisburg-based attorney William DePaulo, who is representing the environmental groups, neither the governor’s office nor the DEP stated such letters were sent to the attorney general’s office.

“This is about who speaks for West Virginia and for West Virginians…


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