Supreme Court Suspends Clean Power Plan

The U.S. Supreme Court blocked the Clean Power Plan, the U.S. Environmental Protection Agency’s rule limiting greenhouse gas emissions from the existing fleet of fossil fuel-fired power plants on Tuesday. The court, in a 5–4 decision split along party lines, put a stay on enforcement of the Clean Power Plan, which is designed to cut carbon dioxide emissions from power plants 32 percent below 2005 levels by 2030.

“We remain confident that we will prevail on the merits,” said the White House in a statement. “Even while the litigation proceeds, EPA has indicated it will work with states that choose to continue plan development and will prepare the tools those states will need.”

But others felt the move could be indicative that the Clean Power Plan will not survive legal scrutiny.

“Should the D.C. Circuit uphold the rule, I think the stay is indicative that the court is likely to want to hear this case,” said Scott Segal, a partner in Bracewell LPP’s Policy Resolution Group. “Even the most ardent supporters would have to concede that this does not bode well for the current rule.”

The EPA’s authority to regulate greenhouse gas emissions stems from the 2007 Supreme Court decision Massachusetts v. EPA, which found that carbon dioxide qualified as a “pollutant” and was subject to regulation under the Clean Air Act. But Bloomberg reported that the court’s intervention casts doubt on the legal prospects for the Clean Power Plan, which some utilities, coal miners and more than two dozen states are challenging as an overreach of the U.S. Environmental Protection Agency’s authority and an intrusion on states’ rights. The D.C. Circuit Court willreview the merits of their lawsuits on June 2. The order blocks the Clean Power Plan from taking effect while legal battles play —> Read More