Supreme Court Blocks Federal Clean Power Plan

Liz Gullett

Feb 12, 2016

The Supreme Court of the United States this week voted to block the Environmental Protection Agency’s (EPA) Clean Power Plan from moving forward until litigation on the rule is complete. The order comes in response to a request from a broad array of states, utilities, and other industry groups that asked the high court to put the rule on hold while legal challenges play out in a lower court. By granting the unusual request, the Supreme Court has signaled that the regulation may not withstand its scrutiny in the end. To get a stay from the Supreme Court, petitioners normally must show there's a "reasonable probability" that four justices will agree to hear the case, that there's a "fair prospect" a majority of the court will find that a lower court's decision was erroneous and that "irreparable harm" will result from the denial of a stay. The Supreme Court decision reverses a previous move by the D.C. Circuit refusing to block the regulation. The D.C. District Court is scheduled to hear oral arguments in the case on June 2, under an expedited schedule. The case is expected to reach the Supreme Court sometime in 2017, possibly early 2018.

The following day, the Michigan Agency for Energy announced that it has requested its attorneys to review the ruling. Once the review is complete, the agency will announced how Michigan will proceed with state carbon rule plan activities.

Michigan Legislative Consultants is a bipartisan lobbying firm based in Lansing, Michigan. Our team of lobbyists and procurement specialists provide a wide range of services for some of the most respected companies in America. For more on MLC, visit www.mlcmi.com or connect with us on LinkedIn and Twitter.