Justice doubles down on EPA criticism in face of new rules for coal, gas power plants

In a sprawling speech painting a near-apocalyptic image of West Virginia’s future if the policies stand, Gov. Jim Justice on Tuesday doubled down on his vow to fight new federal rules meant to limit pollution and emissions from coal-fired power plants across the nation.

The new rules, released by the Environmental Protection Agency on Thursday, require coal-fired power plants to reduce or capture 90% of their greenhouse gas emissions over the next decade. Last week, the state’s entire congressional delegation, along with other Republican state leaders, pushed back against the new rule and promised that it won’t go into effect without a fight.

During his virtual news briefing on Tuesday, Justice spent several minutes lamenting the new rules. He said that strengthening regulations for emissions would handcuff coal producers in the state and the nation, leading America to be “weakened” and, in turn, spark electricity “brownouts” and “wars that will crop up all over the globe.”

“This is real bad stuff,” Justice said. “It makes no sense whatsoever for America to blow our own legs off and then sit around and become weakened.”

Per the new rule, coal plants remaining active past 2039 would be required to cut 90% of their carbon dioxide emissions by 2032. Other plants that expect to be shut down by that time would still need to lessen emissions, though not as drastically. 

In addition to limiting the amount of greenhouse gas emissions released from the country’s power plants, the rules will also implement new wastewater discharge standards for coal plants, update limits on how much mercury and other airborne pollutants can be emitted and apply cleanup requirements for coal ash dumps across the nation.

Justice, whose family business portfolio includes several coal mines and who made much of his money from coal mining operations, is currently running for the U.S. Senate seat held by Sen. Joe Manchin, D-W.Va., who opted not to run for reelection.

Manchin last week also criticized the rules, saying he believed the changes are a political tactic and that there would be political consequences for President Joe Biden and other politicians who supported them in November.

“The [Biden] Administration is more frightened by political threats from climate activists than by the warnings from our nation’s electricity reliability regulators and grid operators that these rules will further strain our already at-risk power grid,” said Manchin, who chairs the U.S. Senate Energy and Natural Resources Committee. “It is unfortunate, though no longer unexpected, that in an election year they are trying to score short term political points rather than prioritizing long term reliability.”

Manchin was joined by Rep. Carol Miller, R-W.Va., who called the rules “disgusting;” Sen. Shelley Moore Capito, R-W.Va., who said they were part of an “unrealistic climate agenda” that would “shut down the backbone of America’s electric grid” and Rep. Alex Mooney, R-W.Va., who called them an “outrageous” affront to coal communities from “Biden’s out-of-control EPA.”

Attorney General Patrick Morrisey, a Republican running in a tight primary race for Justice’s seat as governor, vowed to bring a legal challenge for the rules, calling them “unacceptable.”

“We are confident this new rule is not going to be upheld, and it just seems designed to scare more coal-fired power plants into retirement — the goal of the Biden administration,” Morrisey said in a statement.

West Virginia is currently home to nine coal-fired power plants. According to the U.S. Energy Information Administration, in 2022 the state was the second-largest coal producer in the nation, accounting for 14% of U.S. total coal production. About 89% of West Virginia’s energy comes from coal-fired electric power plants. Renewable energy, like wind and hydroelectric power, are on the rise and made up about 7% of the state’s energy generation in 2022 while natural gas provided about 4%.

In the EPA’s release of the rules, the agency said that it hopes to provide more “regulatory certainty” as incentives to transition to more clean energy grow in availability both at local and national levels.

Environmental advocates are also touting the more stringent policies, hoping over time they will help clean up historically polluted areas where health issues persist due to toxins and residents are forced to live without guaranteed access to clean water or air.

Quenton King, vice president of the West Virginia Environmental Council, said in a statement that the rules will bring “a tremendous benefit to public health and a serious step toward addressing climate change” both in the state and beyond.

“Many West Virginians live in the shadow of dirty coal-fired power plants, have to deal with poor air quality, and fear that their water might be polluted by mercury and other toxic metals from smokestacks,” King said. “Our decision-makers must take the implications of this rule seriously, account for the federal incentives available for clean, renewable energy, and recognize that a cleaner economy can be a win for all our communities, workers, the environment, and ratepayers.”