Washington sets the agenda for American energy dominance but the states are on the front lines. West Virginia is proving it, taking on the kind of state overreach President Trump vowed to end.

In September, West Virginia’s Attorney General JB McCuskey sued Pennsylvania’s Public Utility Commission (PA PUC) over its renewable energy mandates that have sent electricity prices soaring. The Mountain State wants protectionist portions of Pennsylvania’s Alternative Energy Portfolio Standards (“AEPS”) declared unconstitutional violations of the Commerce Clause, which would provide immediate relief from surging power bills in both states.

Since Harrisburg enacted the “Closing Tier II Border” bill in 2020, AEPS compliance costs have skyrocketed from $122.5 million to $700 million in 2025. Retail rates for Pennsylvania residents have risen roughly 60 percent over the same period, largely driven by soaring AEPS costs and regional supply scarcity due to similar policies in neighboring states. Rather than reconsidering the fundamental flaws of Renewable Portfolio Standard mandates, Pennsylvania’s Democrat Gov. Josh Shapiro is pushing legislation that would further expand AEPS targets to align more with those found in deep blue states like Massachusetts and Maryland. As those states have demonstrated this move would only further increase costs for consumers with no additional benefit.

West Virginia’s lawsuit illuminates exactly why these rules are unconstitutional.

West Virginia and Pennsylvania both belong to PJM Interconnection, the regional grid operator that........

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