Yet another Obama administration initiative was halted by the U.S. Supreme Court this week. The Clean Power Plan (CPP) was a far-reaching effort by the Environmental Protection Agency (EPA) to control greenhouse gas emissions from coal-fired power plants under the Clean Air Act (CAA). If implemented, the CPP would have closed hundreds of coal-fired plants across the country and increased the production of wind and solar power, which are significantly more expensive to produce.
The CPP was challenged in court by energy companies, industry groups, and a coalition of 29 states, led by West Virginia. The litigants filed multiple applications for a stay, which would block the CPP from being implemented while the case proceeded.
Hitting the "pause" button
A three-judge panel on the D.C. Circuit Court of Appeals unanimously voted to deny the stay last month, and it was appealed to the Supreme Court, which, in a 5-4 ruling with the liberal Justices (Ginsburg, Breyer, Sotomayor, and Kagan) voting against, agreed to grant the stay. A stay is best understood as hitting the "pause" button, and not the final step in the litigation, but it does prevent the CPP from being implemented while the case proceeds.