Wednesday, February 10, 2016
Ind. Decisions - Still more on: DC Circuit panel "Rejects a Bid to Block Coal Plant Regulations"
Updating this ILB post from Jan. 27th, which includes a copy of the 63-page motion for SCOTUS stay in West Virginia & Texas et al v. EPA, signed by 29 states, including Indiana, yesterday, according to a story in the Washington Post:
The Supreme Court on Tuesday blocked a key part of President Obama’s ambitious proposal to limit carbon emissions and reduce global warming while the plan is challenged.
The court granted a stay request from more than two dozen states, plus utilities and coal companies, that said the Environmental Protection Agency was overstepping its powers. The court’s decision does not address the merits of the challenge but indicates justices think the states have raised serious questions. * * *
The stay means that questions about the legality of the program will remain after Obama leaves office. An appeals court is not scheduled to hear the case until June, and the Supreme Court’s order said the stay would remain in effect while the losing side petitions the Supreme Court. If the court were to accept the case, that would mean an ultimate decision in 2017. * * *
As is its custom in stay requests, the court did not give a reason for its action. The court’s four liberal justices — Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan — objected to the decision, but they did not give an explanation.
The Obama administration had told the court that the stay request was unprecedented and that it was routine for federal programs to proceed while courts considered challenges.