An attorney says he was surprised by the U.S. Supreme Court’s ruling that halted enforcement of the Obama administration’s Clean Power Plan.
The Obama administration wants to cut carbon emissions from existing power plants by about one-third by 2030, claiming it would help combat man-made climate change.
But more than half the states, including some so-called “blue” ones, filed suit along with industry groups, claiming the regulations are an unprecedented power grab.
The Supreme Court agreed Feb. 9 to issue a stay while legal challenges are resolved.
The New York Times called the court’s 5-4 decision “unprecendented,” because the court “had never before granted a request to halt a regulation before review by a federal appeals court.”
Terry Jarrett, an attorney and former Missouri public service commissioner, says that’s a rare move by the high court.
“I was a little bit surprised because the Supreme Court issues a stay very sparingly and only when specific criteria are met,” says Jarrett. “Those include a reasonable probability that four justices will agree to review the case and a fair prospect that five justices could vote to overturn a lower court ruling.”
As a result, Jarrett considers the decision a “very significant development” in the legal case.
“It signals that at least five of the justices believe that there are very serious questions about the legality of this rule,” says Jarrett.
A hearing is set for June in the D.C. Circuit Court of Appeals. A decision is expected to arrive this fall.
At that point, Jarrett believes the case would likely move to the Supreme Court.
“So it is unlikely that the case will be finally decided in the courts before Obama leaves office in January 2017,” he predicts.
See the article here.
- On February 12, 2016