The Supreme Court granted a request for a delay in enforcing the Clean Power Plan until pending legal challenges are resolved. The 5-4 decision issued on February 9 blocks the rule from taking effect until the case plays out in court. A coalition of 29 states and state agencies as well as plaintiffs from the coal industry and other businesses have challenged the legality of the rule. The D.C. Circuit of the U.S. Court of Appeals will hear oral arguments for the case this June. Any appeals on that case could potentially delay a final decision by the Supreme Court into 2017.
The decision led to speculation in the media and among foreign diplomats as to whether the U.S. could meet its Paris climate accord (COP 21) agreements if the Clean Power Plan is overturned. However, White House officials said that President Obama’s plan to reduce the country’s GHG emissions includes other “driving forces” such as tax credit extensions for solar and wind power that were part of the 2015 budget agreement.
The rule requires states to submit plans to reduce greenhouse gases by September 2016, or seek an extension Implementation of state plans under the rule are not set to begin until 2022, and final compliance deadlines are in 2030. The stay likely will push this deadline and others back. However, EPA can still work with states that wish to move forward with developing clean power plans despite the court’s decision.