Democratic governors of Montana and West Virginia are rebelling against the Obama administration and challenging federal limits on greenhouse gas emissions, opting out of what critics are calling the Environmental Protection Agency’s “war on coal.”

“The EPA’s proposed limits on greenhouse gas emissions threaten the livelihood of our coal miners to the point of killing jobs and crippling our state and national economies, while also weakening our country’s efforts toward energy independence,” said West Virginia Gov. Earl Ray Tomblin.

West Virginia and Montana are joining Kansas in filing an amicus brief to urge the U.S. Supreme Court to hear a challenge to rules that give the federal government the power to regulate greenhouse gas emissions from power plants. The states want the court to rule that the EPA misinterpreted its authority under the Clean Air Act and has overreached.

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