first published week of: 01/25/2016
The D.C. Circuit Court of Appeals denied petitions to stay the Obama administration’s Clean Power Plan, preserving the landmark rule’s authority to regulate carbon emissions from power plants, even as the rule prepares to defend against subsequent litigation designed to erode its legality.
The Clean Power Plan calls for sweeping new requirements to cut carbon dioxide (CO2) emissions 32 percent below 2005 levels by 2030. States have until 2018 to submit their compliance plans.
Stating that petitioners “have not satisfied the stringent standards that apply to petitions for extraordinary writs that seek to stay agency action,” the Court declined to uphold action brought by West Virginia and Peabody Energy Corporation, which would have rendered the law powerless, even as it defended its constitutionality in future legal cases.
“Today’s court decision means we can continue working – without delay — to protect Americans from the clear and present danger of climate change,” said Fred Krupp, president of Environmental Defense Fund, a party to the case. “The Clean Power Plan encourages states to use their own best ideas and resources to create prosperous clean energy economies. It rests on a rock-solid legal foundation and will help America move toward a safer and healthier future.” continued…