On February 9, 2016, the U.S. Supreme Court stayed EPA's "Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility," 80 Fed. Reg. 64510 (Oct. 23, 2015). https://www.gpo.gov/fdsys/pkg/FR-2015-10-23/pdf/2015-22837.pdf. The rule is commonly referred to as the Clean Power Plan, and was featured in recent international COP21 United Nations climate change proceedings held outside Paris last December. Chief Justice Roberts issued the stay order, with votes against stay by Justices Ginsberg, Breyer, Sotomayer, and Kagan. http://www.supremecourt.gov/orders/courtorders/020916zr4_4g15.pdf. EPA's rule regulated carbon emissions, but also integrated resource planning, transmission, and power generation, areas typically outside EPA's jurisdiction. The rule was challenged as outside the scope of EPA's authority under the Clean Air Act (CAA), 42 U.S.C. §§ 7401 et seq., specifically with regard to regulation and incentives for non-emitting sources such as renewables. The Supreme Court decision comes as a result of appeal of the rule by 29 states and dozens of corporations and industry groups. While the U.S. Supreme Court ruling does not address the substantive merits of the Clean Power Plan, it indicates concern regarding immediate impact and legal issues. The 5-4 vote indicates the potential for another split Supreme Court decision on a critical environmental issue.
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