Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the Clean Power Plan represents President Obama's primary environmental effort targeted at significantly reducing, on a state-by-state basis, the amount of greenhouse gas emissions produced by electric generation plants.

Under the Supreme Court's ruling, the stay of the Clean Power Plan will remain in effect until all legal challenges to the regulations have been resolved in the pending appeal before the U.S. Court of Appeals for the District of Columbia Circuit, which is not likely to occur until late 2016 or early 2017, at which point the Supreme Court may formally review the inevitable appeal on its legal merits. As such, the legality of the Clean Power Plan is not likely to be resolved until 2017 or later, when the potential change in presidential administrations could make the issue moot if the new administration decides not to defend the regulations.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Spilman Thomas & Battle, PLLC

Written by:

Spilman Thomas & Battle, PLLC
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Spilman Thomas & Battle, PLLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide