Dive Brief:

• Virginia Gov. Terry McAuliffe vetoed a measure to give state legislators final say over a Clean Power Plan implementation strategy, arguing the state's constitution forbids the move, the Richmond Times-Dispatch reports. 
• McAuliffe supports the Obama Adminstration's Clean Power Plan, saying he view it as an opportunity for the state to become a leader in clean energy. But backers of the vetoed bill say voters need more say over policies which could drive up power prices and destroy jobs associated with the coal industry.
• The law would have prohibited the Virginia Department of Environmental Quality from submitting a CPP compliance plan without approval of a majority of legislators in both the Senate and the House of Delegates.

Dive Insight:

Lawmakers in several states opposed to the Clean Power Plan, which aims to cut emissions from the power sector 32% by 2030, have proposed similar legislation to take control over a possible CPP compliance plan. They say residents need more say over how a plan would be developed, shielding them from possible rate hikes and disastrous impacts on state economies.

Virginia is a bit different, however: The state is supporting the Clean Power Plan in court, while lawmakers remain opposed. In a statement, McAuliffe framed it as a procedural issue. He said "interjection of required legislative approval into the Clean Power Plan process is an impermissible breach of Virginia’s constitutional separation of powers."

" Federal law provides that it falls to the Governor to submit required plans and submissions under the Clean Air Act, including plans to comply with the Clean Power Plan," he explained following the veto. "The Governor is authorized to delegate that authority to the appropriate state environmental agencies. In Virginia, that authority has been delegated to the Director of the Department of Environmental Quality. This process rests squarely in the executive branch of state government."

Del. Israel D. O’Quinn (R), a supporter of the bill, told the Richmond Times-Dispatch that Clean Power Plan's impacts are too significant and wide ranging  "to be left to unelected bureaucrats.”

“This veto by Governor McAuliffe is another salvo in the Obama-Clinton-McAuliffe war on coal,” O’Quinn told the newspaper. “This legislation is vital to the economy of Virginia and Southwest Virginia in particular.”

The measure passed the House on a vote of 64-34 and the Senate by 21-19. Following the governor's Marc 1 veto, the Senate needed 27 votes to override but the measure failed to reach that level.

Meanwhile, Virginia lawmakers pushed back a slew of bills aimed at opening up the state's market to more renewable energy and research on energy storage. Those bills will likely not be considered until 2017.