Supreme Court hold on Clean Power Plan

In a surprising series of Feb. 9 court orders, the U.S. Supreme Court placed a stay on implementation of the Obama administration’s Clean Power Plan, pending decisions in multiple appeals in federal appeals court against the plan. Apparently, the issue of a stay prior to completion of a review by an appeals court is unprecedented. The Supreme Court orders resulted from a 5 to 4 vote by the justices, with the four more liberal justices opposing the decision.

The Clean Power Plan consists of a series of Environmental Protection Agency regulations aimed at reducing greenhouse gas emissions from existing U.S. power generation facilities by 32 percent of their 2005 levels by 2030. The regulations require states to formulate plans for achieving this target, with the operation of coal-fired plants becoming particularly vulnerable. The regulations are proving controversial, with a series of states, corporations and business groups appealing the regulations while other states and organizations have expressed support. Alaska currently has an exemption from having to implement the plan.

The Clean Power Plan forms a key component of President Obama’s strategy to address greenhouse gas emissions in the United States. The Supreme Court’s decision will, however, delay implementation of the plan. And, even once the appeals court completes its review of the various appeals cases, the cases will surely end up being heard by the Supreme Court itself.

The Supreme Court’s decision will also have international repercussions, given that delays or failure in implementing the Clean Power Plan will likely raise questions over whether the United States can meet its commitments made in an international climate change pact agreed in Paris in December.

- ALAN BAILEY