Noobie here. Keep in mind that the States created the Federal government. The “creator” is always greater than the “created.” The States should never go hat in hand to a Federal court where their State sovereignty is involved. Therefore, Cuccinelli should have simply informed Washington that since the science is flawed and has a very negative impact on Virginians then Virginia will block any new EPA regulation. End of story.
Last time Virginia told the Feds to pound sand, it didn't turn out too well.