On Tuesday, a Supreme Court decision temporarily halted implementation of the Environmental Protection Agency’s Clean Power Plan. The decision was prompted by a lawsuit from 29 states and state agencies challenging the EPA’s authority to impose the Clean Power Plan under the Clean Air Act. Implementation of the Clean Power Plan will remain suspended until June 2, 2016 at least, when a federal appeals court will consider the states’ challenge.
The Clean Power Plan is the first regulation to limit carbon emissions from existing power plants in the U.S. and it does so ambitiously, aiming to reduce electricity sector emissions to 32 percent below 2005 levels by 2030. Each state was assigned an emissions reduction target based on past emissions and capacity for future emissions reductions. Originally, states had until 2018 to create State Implementation Plans outlining how they would meet the targets, but this timeline could be altered depending on how the legal challenges play out.
When the Clean Power Plan was announced six months ago, states and industry groups that depend economically on coal were quick to attack the law, characterizing it as federal overreach. Tuesday’s Supreme Court ruling is a temporary win for the fossil fuel industry, but supporters believe the Clean Power Plan will ultimately be upheld by the federal appeals court. California, Colorado, Virginia and Washington have reported that they will continue implementing the Clean Power Plan despite the Supreme Court’s ruling, and 14 states have vocalized continuing support for the Clean Power Plan.