On Tuesday afternoon the U.S. Supreme Court stayed the Clean Power Plan pending a review of the merits of the arguments brought by the industry petitioners by the U.S. Circuit Court of Appeals (oral arguments have been set for June 2). The stay will remain in place until the D.C. Circuit decides the case or until the Supreme Court decides whether to hear the case on appeal. 5-4 decision...close. Obviously is temp win for the coal industry and possibly waits out the election in November with a new attitude in Washington DC as to coal.
ORDER IN PENDING CASE
15A776 BASIN ELEC. POWER COOP., ET AL. V. EPA, ET AL.
The application for a stay submitted to The Chief Justice and by him referred to the Court is granted. The Environmental Protection Agency’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. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.
Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.
ORDER IN PENDING CASE
15A776 BASIN ELEC. POWER COOP., ET AL. V. EPA, ET AL.
The application for a stay submitted to The Chief Justice and by him referred to the Court is granted. The Environmental Protection Agency’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. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.
Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.
