Clean Power Plan Paused

This is probably a bigger story than New Hampshire. Five Justices of the United States Supreme Court voted to stay the Obama Administration EPA's "Clean Power Plan," while it works its way through the lower courts.

The order reads as follows:

The application for a stay submitted to The Chief Justice and by him referred to the Court is granted. The Environmental Protection Agency's "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," 80 Fed. Reg. 64,662 (October 23, 2015), is stayed pending disposition of the applicants' petitions for review in the United States Court of Appeals for the District of Columbia Circuit and disposition of the applicants' petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.

The decision suggests that a majority of the court has concerns about the EPA's authority to impose the CPP under the Clean Air Act. The CPP, whatever its policy merits, is based on a fairly aggressive reading of the relevant provisions of the Clean Air Act, most notably Section 111. Even some liberal scholars, such as Harvard's Laurence Tribe, have raised questions about the EPA's authority here. (Tribe is also an attorney on one of the stay applications filed with the court.)

There are serious legal arguments against specific elements of the CPP (such as the consideration of potential emission reductions to be achieved "outside the fence" of regulated facilities) as well as the position that Section 111 of the CAA allows the EPA to regulate greenhouse gases from power plants in the first place.

The latter concerns raise the stakes of the case and strengthen the argument for a stay. This is because the question at issue is not merely whether the EPA observed the relevant procedural niceties or properly exercised its authority on the margin. Rather, the question is whether the EPA has the authority to do this at all.

Georgia Attorney General Sam Olens issued a press release lauding the Supreme Court action. Attorney General Sam Olens offered the following statement regarding today's Supreme Court decision blocking the Environmental Protection Agency from enforcing its illegal and unprecedented Power Plan until the court challenge concludes. "This is a victory against an out of control Environmental Protection Agency. We will continue to fight this executive overreach which will put Americans out of work and drive up the cost of electricity for consumers."

25 States challenged the EPA's power plan on Oct. 23, 2015, the day it was published. The states argue the EPA exceeded its authority by double regulating coal-fired power plants and forcing states to fundamentally shift their energy portfolios away from coal-fired generation among other reasons.

Georgia Public Service Commissioner Tim Echols tweeted, "Great News for GA." and "Thanks SCOTUS. You made my day!"

Legislation by State Senator Charlie Bethel (R-Dalton) addressing the Clean Power Plan was shelved earlier this week by a legislative committee.

Members of the state Senate's Natural Resources & the Environment Committee agreed to set aside the issue for further study rather than move forward with the bill this year.

The Clean Power Plan, which the Environmental Protection Agency issued nearly two years ago, seeks to reduce carbon emissions from coal-fired power plants across the nation 32 percent below 2005 levels by 2030. The federal agency set goals for each state.

The proposed Interstate Power Compact would exempt member states from complying with the plan, although they would remain subject to the federal Clean Air Act, Sen. Charlie Bethel, R-Dalton, the bill's chief sponsor, told the Senate committee Thursday.

Utility executives have warned that complying with the plan would force up the costs of electricity to commercial and residential customers, inflicting major damage on the nation's economy.

"Georgia and other states are looking for any port in a storm," Bethel said. "This interstate compact is such a port."

Source: Georgia Pundit