What They’re Saying About the Legal Effort to Halt EPA’s Costly Carbon Rule

By ACCCE

WASHINGTON, D.C. – On January 21, the D.C. Circuit Court of Appeals declined a request to suspend EPA’s carbon rules for existing power plants during litigation.  The court, however, did agree to an expedited hearing schedule for the underlying challenge, which is now slated for June 2.

Following the D.C. Circuit’s decision, a coalition of 29 states, state agencies and other interested parties, including ACCCE, petitioned the U.S. Supreme Court to stop the new regulations from taking effect until after their legal challenges are resolved.  The states are not seeking to bypass the D.C. Circuit’s review but only to postpone any implementation of the plan to ward off irreparable economic harm that will result otherwise. Chief Justice Roberts is reviewing the request and is expected to make a decision as early as next week.  Here’s a sampling of what petitioners have to say on the issue:

 

EPA’s Sweeping Mandate “Causes Substantial and Irreparable Injury”

“If there were ever a federal rule worthy of a procedural timeout to allow full judicial review before enforceable compliance is triggered, it is the Clean Power Plan, which will seize control of the nation’s entire electric system on the supposed authority of five words in an obscure, rarely used portion of the Clean Air Act. The scope of EPA’s grand green plan goes far beyond even the most exorbitant of this EPA’s many new regulations. The EPA’s sweeping mandate to control generation, dispatch, transmission and consumption of electricity already causes substantial and irreparable injury — the legal grounds for a stay.” (Kathleen Hartnett White, The Hill, February 1, 2016)

 

West Virginia AG Fears States Will “Suffer Irreparable Harm” Without SCOTUS Help

“Without Supreme Court intervention, West Virginia and other states will suffer irreparable harm as job creators and state agencies spend untold resources to comply with a rule that is likely to be struck down as illegal.” (West Virginia Attorney General Patrick Morrisey (R), Associated Press, January 26, 2016)

 

Alabama AG:  EPA’s Job Killing Rule is “Unprecedented” Expansion of Federal Power

“Once again, President Obama has attempted to radically expand the power of the federal government by adopting policies through executive action that Congress has refused to enact.  But the scope of President Obama’s job-killing Clean Power Plan is unprecedented. If this new EPA rule is allowed to go into effect, it will shutter coal-fired power plants around the country, resulting in higher electricity costs and fewer jobs.” (Alabama Attorney General Luther Strange (R), The Huntsville Times, January 26, 2016)

 

Without Court Stay, It’s “Impossible to Reverse the Damage” From EPA Rule

“[The federal appeals court’s refusal to stay the rule] allows the EPA to turn the screws on states even though the regulation may be ultimately invalidated.  They’ll have to start planning and investing resources now in order to be in compliance. So even if they eventually prevail in the Supreme Court and the regulation is thrown out, it will be impossible to recover their investment and nearly impossible to reverse the damage.” (Karen Harned, USA Today, January 21, 2016)

 

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America's PowerMar 3 at 7:57am
A bill moving through the North Dakota legislature, SB 2314 on the Senate side, would call for a study on the state’s future energy supply. Some legislators, like Senator Jessica Unruh (R-33), have called for action to “level the playing field,” as subsidies in the state for wind power often causes operators to favor those sources. Coal power provides the reliable baseload electricity that North Dakota needs, read our thoughts on the bill and North Dakota’s energy future here: http://www.americaspower.org/north-dakota-recognizes-importance-coal-fueled-baseload-electricity/
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