The Clean Power Plan
On February 9, 2016, a 5-4 majority of the Supreme Court unexpectedly issued a "stay" blocking the Clean Power Plan. The Supreme Court’s order for Stay provides no explanation for this decision.
When EPA formally published the Clean Power Plan in October 2015, 27 states, several coal companies and numerous business groups filed suit in the D.C. Circuit Court of Appeals asking to stay the rule. In late January the D.C. Circuit Court of Appeals denied the stay motions. The parties then went on to the Supreme Court and in a surprise ruling late on February 9 the Court ruled in the favor of granting the stay.
The stay on the Clean Power Plan will remain in place until the D.C. Circuit resolves the merits and makes a decision. The decision from the D.C. Circuit is expected to come as early as late summer or early fall. The losing side will then have the opportunity to appeal and seek review by the Supreme Court.
As a result of the Stay the Utah Division of Air Quality has suspended their stakeholder process that began in January to help the state develop a compliance plan until a decision is made on the future of the Clean Power Plan.
For additional information from the EPA Click Here