The Supreme Court may currently be on recess but that did not stop it from issuing a stay preventing the Clean Power Plan regulations from going into effect until the D.C. Circuit Court of Appeals, and the Supreme Court if it chooses to, rules on the regulations.
The Clean Power Plan requires power plants to reduce carbon emissions and establishes state-by-state targets to accomplish this goal.
Twenty-seven states and others are currently challenging the Clean Power Plan. They argue that the regulations exceed the Environmental Protection Agency’s authority granted under the Clean Air Act.
The National League of Cities and the U.S. Conference of Mayors filed a motion in the D.C. Circuit supporting the Clean Power Act. It discussed the impact climate change has had on cities.
The Supreme Court has apparently never blocked an EPA regulation before the Court has had a chance to rule on the regulation.
The Court’s actions indicate it is likely to hear this case on appeal after it is decided by the D.C. Circuit.
The four more liberal Justices (Ginsburg, Breyer, Sotomayor, and Kagan) voted against the stay.