ENERGY AND CLIMATE DEBATE -

Congress returns this week following the President’s Day holiday, and the death of Supreme Court Justice Antonin Scalia on February 13 has set the stage for a contentious nomination battle in the Senate with Majority Leader Mitch McConnell (R-KY) saying that naming a successor should be put off until the next Administration.

The Supreme Court vacancy has tremendous stakes for the Environmental Protection Agency’s Clean Power Plan, which was stayed by the Supreme Court earlier this month. While the stay had led many to believe that the plan was in danger, a 4-4 ideological split on the court until a successor is confirmed means that the U.S. Court of Appeals for the District of Columbia Circuit may be the final arbiter for the plan.