Stop Work on the EPA Power Plan
On February 9, the U.S. Supreme Court blocked President Obama’s so–called “Clean Power Plan” from taking effect pending judicial review. This is the first time the Supreme Court has imposed an injunction on a federal regulation prior to lower court review, a historic decision that shows the Court is likely to strike down the rule. The Court’s injunction means EPA cannot force States to take any action to comply until judicial review is complete. All EPA deadlines are also postponed indefinitely. Judicial review will continue well into 2017 and will conclude under a new Presidential Administration.
The Obama Administration’s power plan would increase the cost of electricity, kill jobs, decrease grid stability, and have no impact on the global climate–all at the expense of those who can least afford it. Americans could face diminished living standards and an uncertain future if states support EPA’s reckless carbon agenda.
Thus, effective immediately, States should cease all efforts related to complying with Obama’s Carbon Rule until full legal resolution. To aid this effort, we’ve mailed “Stop Work” orders to Governors, State Environmental Departments , State PUCs, and legislative leaders urging them to suspend any compliance activities pending judicial review. Even EPA Administrator Gina McCarthy admits that states do not need to take any action. Speaking to a congressional committee, McCarthy said, “Nothing is going to be implemented while the stay is in place. It is clearly on hold until it resolves itself through the courts.”