Advocated for West Virginia in an Eventful 2021
CHARLESTON — West Virginia Attorney General Patrick Morrisey’s office kept up a vigorous fight against overreaching COVID mandates, sought to beat back energy policies that could destroy jobs and continued to combat opioid abuse.
“This past year was unlike any other, as we continued navigating the challenges introduced by coronavirus, as well as federal overreach by the Biden administration,” Attorney General Morrisey said. “While it’s great to reflect on our progress, we must also continue to press onward and continue fighting for the people of West Virginia. We have laid a firm foundation upon which we can build another record of success in the coming year.”
Fighting For Liberty During the Pandemic : Attorney General Morrisey issued a legal opinion in September after reviewing the legal and constitutional issues arising from COVID vaccine mandate and vaccine passport issues. His office explained that mandates without exemptions present religious liberty and other concerns, and analyzed legal arguments that may provide tools for West Virginians who oppose the imposition of mandates. Later in the fall, the Legislature responded by passing a new law providing for stronger exemptions to vaccine mandates in West Virginia.
Since issuing that opinion, the Attorney General has joined in multiple lawsuits aimed at urging the Biden Administration to reconsider unlawful COVID-related mandates, including those imposed on large employers, government contractors, health care workers, and preschool staff. These lawsuits have resulted in multiple injunctions, providing West Virginians greater discretion to make personal choices.
Supporting Responsible Energy Policy: The Attorney General’s office also continued a years-long, multi-state lawsuit against the U.S. Environmental Protection Agency. In a major win for the Office, the U.S. Supreme Court agreed to hear the case in coming months. West Virginia v. EPA is a landmark case integral to stopping President Biden’s radical climate change agenda. It marks the most consequential development in environmental law since Attorney General Morrisey won an historic and unprecedented stay of the Obama-era Clean Power Plan at the Supreme Court in February 2016.
Attorney General Morrisey’s office also led a coalition of 19 states in urging Congress to reject burdensome legislation that would increase fees on energy producers and hit American consumers with even greater price hikes. The coalition called on leadership for two U.S. Senate committees to oppose legislation that would charge oil and natural gas producers onerous fees on methane emissions above certain thresholds. Congress responded by amending its proposal, with further changes still possible.
On the local level, the Attorney General’s office intervened in an ongoing proceeding before the state’s Public Service Commission to secure the long-term operation of the Mitchell Power Plant in Moundsville, a move designed to preserve reliable electricity for consumers and protect the jobs of plant workers.
Addressing Opioid Abuse: In 2021, Attorney General Morrisey did not relent in his committed fight against opioid abuse.
Earlier this year, the Attorney General sued U.S. Department of Homeland Security Secretary Alejandro Mayorkas, seeking to hold his department accountable for lax immigration policies that have allowed deadly fentanyl to be trafficked into states across the nation, including the Mountain State.
In early 2021, the Attorney General’s office reached a $10 million settlement with a major consulting firm that designed marketing plans and programs that in turn helped fuel the state’s opioid epidemic. The settlement resolved allegations that McKinsey & Company Inc. collected millions from the nation’s largest opioid manufacturers — including Purdue Pharma — to boost sales of OxyContin, even well after the opioid epidemic peaked.
In the Purdue Pharma bankruptcy resolution, Attorney General Morrisey’s September court argument ended the “California Carve Out,” an achievement that will result in West Virginia receiving a larger share of any Purdue Pharma bankruptcy settlement and offer similar settlements along with greater accountability and more resources for the state.
The Attorney General also reached a multistate settlement to resolve allegations that Indivior, a pharmaceutical company, falsely and aggressively marketed and promoted Suboxone leading to the improper use of state Medicaid funds. West Virginia received more than $5.2 million in that settlement.
Winning for West Virginia: The Attorney General also won success for West Virginians in many other areas.
His office led a bipartisan coalition that won a case to protect the well-established authority of states to lower taxes for their citizens. Earlier in the year, the coalition filed a lawsuit arguing that federal treasury officials cannot force states to relinquish control of their taxing authority in return for much-needed economic aid related to COVID-19. A federal court in Alabama agreed.
The year also included the sentencing of Thomas Cooper, of Dry Fork, who received a sentence of five years’ probation with six months of the term to be served on home confinement. Cooper had pleaded guilty in July 2020 to single counts of injury to the mail and attempt to defraud the residents of West Virginia of a fair election. An investigator for the Attorney General gathered evidence for the case on behalf of the Secretary of State’s Office.
Other accomplishments include the following: Updated consumers on the fight against robocalls and continued to press telecommunications companies, Federal Communications Commission and the U.S. Supreme Court to take additional steps to stop unlawful robocalls.
Continued more than five years of drug abuse prevention outreach efforts to students, including the annual “Kids Kick Opioids” PSA Contest and high school football “Games of the Week” in the fall.
Bolstered staffing and dramatically increased the number of new investigations opened by the state’s Medicaid Fraud Control Unit, netting three convictions in fraud cases.
Defended the right of states to prohibit certain types of abortions.
Filed lawsuits against Facebook and Google to restore competition and halt monopolistic behavior within Big Tech.
Defended the constitutionality of a tourism law important to completing the Hill Top Hotel project in Harpers Ferry — a $138 million project with the potential to boost the state’s economy.
Fought to protect Second Amendment rights and maintained concealed carry recognition with a majority of states across the nation.
Led a 20-state coalition in urging the U.S. Supreme Court to review a lower court ruling that would outlaw bump stocks, commonly used rifle accessories that aid gun owners with limited hand mobility.
Joined 24 state attorneys general in pushing back against a court ruling that would permit states to outlaw ammunition magazines that are currently legal in more than half the nation, including West Virginia.
Expanded consumer outreach in 2021, including scam awareness presentations to senior centers.
Alerted the public to consumer protection issues, including outreach during National Consumer Protection Week, International Charity Fraud Awareness Week and the West Virginia AG’s Holiday Consumer Protection Week.
Shut down two used car dealers for violating state consumer protection laws.
Filed a lawsuit seeking to block a New York-based collection agency from doing business in the Mountain State.
Supported — and defended in court — a bill to preserve school sports teams based on biological sex.
Won a decision in the Supreme Court of Appeals affirming the likely constitutionality of the Paycheck Protection Act, which will ensure that employees truly consent to any fees or dues that may be taken from their pay.