Wednesday, January 27, 2016
Ind. Decisions - More on: DC Circuit panel "Rejects a Bid to Block Coal Plant Regulations"
Updating this ILB post from Jan. 22nd, reporting on a DC Circuit ruling that "required states to move forward with plans to shut down polluting coal plants and build new wind and solar sources," the AG announces that Indiana is part of a coalition seeking a stay of the decision. Some quotes from the news release:
Indiana and a group of other states on Oct. 23 filed a legal challenge to a new EPA rule that requires existing power plants to make costly technological changes to reduce carbon dioxide emissions. The states had asked the U.S. Court of Appeals for the District of Columbia Circuit to stay, or halt implementation of, the rule so EPA could not enforce it while the underlying lawsuit is being litigated.Here is a copy of the 63-page motion for SCOTUS stay in West Virginia & Texas et al v. EPA, signed by 29 states, including Indiana.
Late Thursday, the DC Circuit denied the multistate group’s request for a temporary stay; so the 29 states and state agencies who are plaintiffs today appealed that ruling to the United States Supreme Court. The multistate coalition asks the Supreme Court to overrule the DC Circuit and stay enforcement of the EPA rule while the underlying legal challenge is being litigated. If the stay is granted, the multistate lawsuit still would proceed on its legal merits in the DC Circuit, but without the states having to undertake costly rule implementation now.