Supreme Court Grants Immediate Stay On Clean Power Plan

And a delay in the rule does not mean a delay in the climate crisis, nor will it delay everyday people from taking action to advance a clean energy economy.

The U.S. Supreme Court Tuesday agreed to halt enforcement of President Obama’s plan addressing climate change, until after legal challenges are resolved. “We are confident that the sound legal and policy foundations of this rule will ultimately be upheld, and that the United States will continue its progress in building a clean energy future”. Finalized in August by the US Environmental Protection Agency (EPA), the regulations would require states and electric utilities to reduce emissions by reducing demand, deploying low-carbon energy sources or increasing the efficiency of existing fossil-fuel power plants. In fact, the case involved a Utah power plant operated by Deseret Power. Under the rule, the EPA sets carbon reduction goals for each state.

Meanwhile, the state was also moving ahead on the plan – holding stakeholder meetings and reviewing clarifications from the EPA. The U.S. Court of Appeals is not likely to issue a ruling on the legality of the rules until months after it hears oral arguments, which begin on June 2, 2016.

The President’s Clean Power Plan put on hold by the Supreme Court is something many in Virginia have supported. In that case, the MATS regulations were issued in 2012 and the Supreme Court didn’t overturn them until 2015 – and by that time the damage had already been done. Hickenlooper believes he should have the authority in deciding whether the state sues over the Clean Power Plan.

Colorado is one of the few states-including Iowa, Michigan and Maryland-where attorney generals and governors are split on the administration’s Clean Power Plan.

“This is a monumental victory for West Virginia, the country and the rule of law”, West Virginia Attorney General Patrick Morrisey told reporters after the court’s decision.

Abby Foster, a spokesperson with the Pennsylvania Coal Alliance, says she wants the Wolf administration to hold off on coming up with a plan.