Armstead said this was a good example of something he would like to be able to take to the attorney general for a decisive opinion.
But House Judiciary Chairman Tim Miley, D-Harrison, thinks the value of such opinions could be diminished if the attorney general issued too many of them.
"I don't want to see the credibility of the attorney general's office be diminished as a result of any activity that is more political than it is legal," Miley said.
Morrisey said he wants to sit down with Democratic Gov. Earl Ray Tomblin and his environmental regulators to "think through" how to review regulations.
In an interview published over the weekend, Department of Environmental Protection Secretary Randy Huffman was asked about Morrisey's offer to help the DEP more aggressively sue the federal government. Huffman said he was just fine with the lawyers he had and was not sure he needed Morrisey's help.
Senate Judiciary Chairman Corey Palumbo, D-Kanawha, wonders if Morrisey has the authority to issue advisory opinions at the request of rank-and-file legislators.
State law lists executive branch officials who can ask the attorney general for legal advice and then adds "or any other office of the state." But the same part of the law talks specifically about the legislative branches and specifically names only two members of the Legislature who can request advisory opinions: the House speaker and the Senate president.
"That would make me think that (rank and file) legislators cannot request opinions," Palumbo said.
Palumbo also worries Morrisey's plan could overwhelm Morrisey and his staff.
"It could really overburden the AG's office if everyone had their pet issue or two that they require the full legal opinion on," Palumbo said.
Other states more frequently issue advisory opinions. In Virginia, Republican Attorney General Ken Cuccinelli - who endorsed Morrisey in this year's election - generally issues several legal opinions each month, for instance.
Although McGraw does not frequently issue advisory opinions, one of them changed the course of the state's political history.
In 2010, McGraw issued an advisory opinion that said then-Gov. Joe Manchin could call a special election to fill the state's then-vacant U.S. Senate seat. It conflicted with an opinion from Secretary of State Natalie Tennant's Office but made an election inevitable. Manchin ran and won.
Another recent advisory opinion created an awkward encounter earlier this year in the state Supreme Court when two lawyers from the Attorney General's Office were on opposite sides of a case during oral arguments. One was representing the State Election Commission, which was trying to defend a law that McGraw's office had previously said was unconstitutional in a 2011 advisory opinion. The other lawyer from McGraw's office was defending the initial advisory opinion.
Morrisey said he would always look out for the interests of his clients, which are predominantly state agencies.