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When the U.S. Supreme Court granted a state petition to stay EPA’s Clean Power Plan (CPP) until the state case against the plan worked its way through the U.S. appeals court (and possibly the Supreme Court itself), the five justices favoring the stay did not specify why they made that decision. However, in their brief, […]
The U.S. Supreme Court granted a petition from 29 states and state agencies seeking to stay EPA’s Clean Power Plan (CPP) while challenges to the plan progress through the federal courts. The practical effect of the Court’s order is that the first deadline of June 30, 2016, for states to submit their initial plans for […]
On January 21, 2016, the U.S. Court of Appeals for the D.C. Circuit denied a petition from 27 states that had asked the court to stay EPA’s Clean Power Plan (CPP) (West Virginia et al. v. EPA). The D.C. Circuit stated that the petitioners did not satisfy the stringent requirements for a stay pending court […]
Given that the states will do the heavy lifting to come into compliance with EPA’s Clean Power Plan (CPP) to reduce carbon emissions from fossil fuel power plants (October 23, 2015, Federal Register), it seems fitting that the states also intend to assume major roles in the upcoming legal slugfest over the CPP, which will […]
Promptly upon EPA’s publication of its Clean Power Plan (CPP) in the Federal Register, a coalition of 23 states requested that the U.S. Court of Appeals for the D.C. Circuit stay the rule and consider its petition for review. The CPP requires that states take actions to reduce emissions of carbon dioxide (CO2) from existing […]
The Senate Majority Leader is itching to pass legislation that allows your state to opt out of the Obama administration’s CPP rule. Some states are trying to pass laws so that their legislatures will be able to veto the rule, and Oklahoma Governor Mary Fallin recently issued an Executive Order prohibiting the state’s Department of […]