CHARLESTON W.Va. (WVDN) — West Virginia Attorney General JB McCuskey is co-leading with Texas and North Dakota a petition for review challenging the U.S. Environmental Protection Agency’s proposed plan to implement a “waste emissions charge”—or Methane Tax—created in the recent Inflation Reduction Act.
The rule would allow the EPA to tax West Virginia carbon fuel producers in an illegal way. The Attorney General described the proposal as both “unlawful and ill-advised.”
“The days of Biden’s dangerous and illogical energy policies are done. Common sense will prevail, and we are excited to do everything we can to get the men and women of our gas industry back to work making America the world’s leader in energy production,” Attorney General McCuskey said. “This challenge will reduce costs to consumers, spur manufacturing and make us more secure.”
The coalition argues that the rule is premature, exceeds EPA’s statutory authority and is arbitrary and capricious.
Last March, West Virginia led a 23-state comment letter on the proposed rule by former EPA Administrator Michael Regan.
Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia and Wyoming joined the West Virginia-, Texas-, and North Dakota-led petition.
Read a copy of the petition filed in the U.S. Court of Appeals for the D.C. Circuit here.
