Supreme Court Blocks EPA’s Clean Power Plan for the Electricity Sector
February 10, 2016
On Tuesday, February 9, the U.S. Supreme Court halted the implementation of the U.S. Environmental Protection Agency’s (EPA) landmark carbon rule for power plants while it's being challenged in court. In a 5-4 decision, the Supreme Court granted a legal stay to states, business groups and energy companies that had argued the EPA does not have the legal authority to regulate greenhouse gas emissions and the rule would significantly increase electricity prices.
The Clean Power Plan rule would require overall power emissions to decline by 32% from 2005 levels by 2030. States aren't expected to comply with the new Clean Power Plan limits until 2022, but they were expected to submit their plans for compliance by September 2016.
The D.C. Circuit Court of Appeals has put the case on a fast track and is scheduled to hear oral arguments on June 2. A final decision is not anticipated until later this year and would provide for a likely a Supreme Court appeal for some time in 2017.
AFS is participating in a business coalition, with over a dozen industry groups including the U.S. Chamber of Commerce and the National Association of Manufacturers, in the litigation to overturn the Clean Power Plan.