Montana’s Fox hails decision blocking Clean Power Plan

The CPP calls for emissions from the power sector to be cut by 32% below 2005 levels by 2030, and lets states devise their own strategies for meeting the targets.

The practical effect of court’s 5-4 ruling is that strict new fossil-fuel regulations within Obama’s “Clean Power Plan” will not be enforced until after Obama leaves office. Some power companies say the regulations will greatly increase the cost of electricity. The court’s four liberal justices objected to the decision, but they did not give an explanation.

The court is scheduled to hear oral arguments on June 2.

The court granted a stay request from more than two dozen states, utilities and coal miners who said the Environmental Protection Agency was overstepping its powers.

“We are thrilled that the Supreme Court realized the rule’s immediate impact and froze its implementation, protecting workers and saving countless dollars as our fight against its legality continues”, Morrisey said.

“A stay that delays all of the rule’s deadlines would postpone reductions in greenhouse gas emissions and thus contribute to the problem of global climate change even if the rule is ultimately sustained”, U.S. Solicitor General Donald Verrilli argued.

“The Obama administration clearly exceeded its authority in imposing this plan, which would cost taxpayers and consumers alike hard-earned money in exchange for less-reliable service”, Texas Attorney General Ken Paxton said.

By temporarily freezing the rule the high court’s order signals that opponents have made a strong argument against the plan. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.

Law360 notes, “These opposing parties, however, have told the court that states right now are having to write implementation plans under the Clean Power Plan and that power companies are having to make decisions right now about whether to retire coal-fired power plants, or at least whether to make new investments in them over the near term since those plants might need to be retired for Clean Power Plan compliance”.