On Tuesday, February 9, 2016, the United States Supreme Court granted a stay preventing the Environmental Protection Agency from implementing its Clean Power Plan (“CPP), a controversial effort by the EPA to control greenhouse gas emissions from power plants under the authority of the Clean Air Act. (More information on the CPP is available at the EPA’s website. Under the CPP, states were required to develop State Implementation Plans that would ensure that power plants within the state met the emission targets set under the CPP. Those plans were to be developed by September of 2016, and have been the subject of ongoing administrative and legislative debate and action throughout the nation. Numerous states and industry groups objected to the CPP and have stated that compliance with the CPP will be extremely costly and adversely impact electrical generation, reliability and consumers. As a result, over two dozen states and numerous industry groups challenged the legality of the CPP. The objecting states and industry groups sought a stay from the Supreme Court after a similar request was rejected by a lower court. The Order granting the stay can be accessed here.

Under the Order, the EPA’s “’Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,’ 80 Fed. Reg. 64,662 (October 23, 2015), is stayed pending disposition of the applicants’ petitions for review in the United States Court of Appeals for the District of Columbia Circuit and disposition of the applicants’ petition for a writ of certiorari, if such writ is sought.” Because the court challenges to the CPP are not yet before the Supreme Court, the Order granting the stay is unusual. Oral argument on the challenges to the CPP pending before the U.S. Court of Appeals for the D.C. Circuit is currently scheduled for June 2, 2016.