WRI – Yesterday, the U.S. Supreme Court paused implementation of the Clean Power Plan (CPP) to allow an appeals court to consider a legal challenge from a number of states, corporations and industry groups. That case is being expedited, and a decision is expected by the fall.
Importantly, the Supreme Court’s decision to grant a temporary stay was not based on the legal merits of the CPP, which calls for emissions reductions throughout states’ power sectors. Experts agree that the CPP is on solid legal ground and will prevail. Indeed, previously the Supreme Court not only upheld the EPA’s authority to regulate carbon pollution under the Clean Air Act (which the Clean Power Plan builds upon), the Court found the agency had the obligation to do so to protect Americans’ health.