U.S. Supreme Court Halts EPA’s Power Plan

The United States Supreme Court issued a stay blocking implementation of the EPA’s Clean Power Plan while a bipartisan coalition of 29 states and state agencies, led by Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrisey, challenge the regulation in federal court.

The Court put an immediate halt to the Obama Administration’s power plan as litigation continues in the D.C. Circuit Court. The states argue that the EPA’s (Environmental Protection Agency) rule fundamentally changes the nation’s energy policy in violation of federal law.

In response, Western Caucus Chairman Cynthia Lummis stated, “This stay gives a chance to see the case brought by the states against the Clean Power Plan come to fruition while protecting working families’ from this overbearing federal mandate that will increase energy prices if left unchecked. I applaud this decision on the part of the Supreme Court to give states a meaningful day in court to fight this rule before it inflicts lasting damage on the nation.”

The D.C. Circuit Court will hear oral arguments on the merits of the states’ case on June 2. A final ruling from that court might not come for months, and without the stay the administration’s plan could have caused the destruction of untold numbers of jobs and the weakening of the nation’s electric grid.

Texas and West Virginia challenged the EPA’s power plan on Oct. 23, 2015, the day it was published. Those joining Attorney General Paxton and West Virginia Attorney General Patrick Morrisey in urging the U.S. Supreme Court to immediately halt the EPA’s unlawful power plan include: Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Wisconsin and Wyoming, along with the Mississippi Department of Environmental Quality, Mississippi Public Service Commission, North Carolina Department of Environmental Quality and Oklahoma Department of Environmental Quality.