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High court’s rare ruling signals trouble for Obama
The CPP requires states to drastically reduce carbon dioxide emissions from the energy sector.
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The first compliance obligations for power plants under the Clean Power Plan do not come due until 2022, and this case will work its way through the courts well before then. The rule is viewed as the cornerstone of the Obama administration’s strategy for meeting the emissions reductions agreed to in the Paris climate change pact signed this past December. This a legal decision that says, ‘Hold on until we review the legality.’ We are very firm in terms of the legal footing here. Once the lower court issues its ruling, the Supreme Court, assuming it hears the case, could make a final decision as soon as June of 2017 but “likely no later than June of 2018”, said Sierra Club’s chief climate counsel, Joanne Spalding.
The justices granted a plea from 30 states that asked for a temporary hold on the new Clean Energy Plan while the lower courts decide whether the Environmental Protection Agency has the legal authority to impose it.
But the Supreme Court’s stay has shaken and startled many administration officials and environmental activists, because it is so rare for the high court to intervene at this stage of litigation. The “stay” does not prevent or prohibit states from continuing to plan for compliance with the Clean Power Plan.
Idaho Congressman Mike Simpson released the following statement regarding the Supreme Court’s decision to temporarily block one of the EPA’s rules regulating carbon dioxide emissions from existing power plants. As we outlined in a report released late past year, our strategy gives us a pathway to meet our climate targets, even as the Clean Power Plan makes its way through the courts. While its supporters deem it necessary as a major contribution to climate change, the critics have countered that the rules will be bad for the industry and economy. She says despite the delay, many states are moving ahead with plans to cut emissions, knowing there is strong public support. But as my colleague said: “We are confident the courts will ultimately uphold the Clean Power Plan on its merits”.
“According to Bloomberg New Energy Finance, more than $300 billion – a recored amount – was invested in clean energy past year around the world”, Waskow said.
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Facing a Congressional roadblock, Obama has relied heavily on decades-old rules to force through regulation.