On Tuesday, February 9, 2016, the United States Supreme Court held in a five to four decision to halt enforcement of the Environmental Protection Agency’s Clean Power Plan by the Obama administration until its legal challenges are resolved.  The challenge to the Clean Power Plan was brought by a group of 27 states and various utilities, coal miners, companies and business groups.  The Court’s ruling means the EPA will not be able to enforce its September 6, 2016 deadline for states to either submit their emission reduction plans or request a two-year extension until the lawsuit battles its way through the court system.  This overrules the DC Court’s refusal to grant the stay, which we discussed here.

The Supreme Court’s ruling came after the United States Court of Appeals for the District of Columbia denied the request in January.  The DC Circuit will commence its review of the merits of the challenges to the Clean Power Plan on an expedited basis, with oral arguments to begin June 2. Contact our energy regulation lawyers to get more information on this issue or talk about how the Clean Energy Plan might affect your business.


Brian Greene
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