West Virginia has joined with a number of other states in the legal fight against the EPA's regulation of greenhouse gas emissions.
It's a worthwhile fight against the EPA's overreach, but one that's going to be difficult to win.
So far, everything has gone the EPA's way.
In 2007 the U.S. Supreme Court, in a 5-4 decision, authorized the EPA to use the Clean Air Act to regulate greenhouse gases. The court followed up two years later with a finding that greenhouse gases endanger public health.
The EPA used those decisions to set a course on climate change that includes using its considerable administrative powers to severely restrict emissions of carbon dioxide and other greenhouse gases from vehicles, factories and power plants.
The carbon limit is so low that it makes it essentially impossible to build a new coal-burning power plant unless there is a breakthrough in carbon capture technology.
Industries and a number of states are now challenging those rules. So far, the EPA has prevailed. The U.S. Court of Appeals for the D.C. Circuit has upheld the EPA's regulatory direction.
So it's on to the U.S. Supreme Court.
The "friend of the court" brief filed by West Virginia Gov. Earl Ray Tomblin and Attorney General Patrick Morrisey asks that the high court hear the appeal.
One of the legal arguments centers on the EPA's "tailor's rule."