Barletta Joins Amicus Brief Opposing Obama EPA Assault on Coal

Feb 23, 2016
Press Release
34 Senators, 171 House Members Join 27 States in Opposing EPA Rule

WASHINGTON – Congressman Lou Barletta, PA-11, today joined an amicus brief filed in the D.C. Circuit Court of Appeals in support of 27 states seeking to overturn yet another regulatory overreach by President Obama in his ongoing assault on the coal industry.  Barletta was among 34 senators and 171 members of the House of Representatives to sign the brief, which opposes the Obama Environmental Protection Agency’s attempt to govern by regulation, rather than by legislation passed by the elected representatives of the people.  A copy of the brief, which opposes the so-called “Clean Power Plan,” can be found here.  

“This latest offensive attack in President Obama’s war on coal would fall particularly hard on Pennsylvania’s economy, eliminating jobs, driving up fuel prices, increasing costs on industry and consumers, and hampering our energy supply,” Barletta said.  “This is yet another attempt by the president to circumvent the people’s representatives and enact policies he was unable to get through Congress.”

The United States Court of Appeals for the District of Columbia Circuit is considering the case of State of West Virginia, et al. v. Environmental Protection Agency, et al.  Thirty-nine lawsuits seeking review of the EPA final rule have been consolidated in the D.C. Circuit.  The final rule was stayed, or put on hold, by the Supreme Court on February 9, 2016.  An amicus brief, or “friend of the court” brief, can be filed in order to address concerns and advise the Court on a matter of law that directly affects the case at hand.  

“Obama’s plan is a terrible deal for Pennsylvania, where our coal industry supports 36,000 jobs and supplies electricity to millions of residents,” Barletta said.  “Dramatic hikes in the cost of electricity will mostly hurt people who least can afford it, including senior citizens living on fixed incomes.  I hope Governor Wolf will carefully consider how he moves forward on Pennsylvania’s efforts to implement the Obama war on coal even as the courts consider throwing out the most controversial provisions.”

Barletta previously voted in disapproval of the president’s Clean Power PlanAdditionally, on June 24, 2015, he voted in support of and the House passed the Ratepayer Protection Act (H.R. 2042).  This bill would address fundamental concerns with the Clean Power Plan by freeing states from the federal mandate.  The bill continues to await action in the Senate.