In an unusual move that doesn't portend well for the EPA initiative, the Supreme Court ruled that the Clean Power Plan Rule that reduces emissions from existing power plants be suspended while it is heard by the Court of Appeals this summer.
In a 5-4 ruling, "Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. [...] issued an unusual emergency order that blocks the Environmental Protection Agency from moving forward with its effort to reduce carbon pollution from [existing] power plants by 32% by 2030," writes Supreme Court reporter David G. Savage for the Los Angeles Times.
It is rare for the high court to intervene in a case pending in the lower courts. The brief order suggests that most of the justices have doubts about the legality of the EPA's policy.
A former Justice Department attorney [called it] a significant blow to the EPA and the administration’s climate change plan.
The Clean Power Plan rule was criticized by 29 states and state agencies who requested the stay, claiming that the plan was an overreach of the president's use of executive authority.
The order halting implementation of the Clean Power Plan rule "could also be a sign that conservative justices are increasingly skeptical of Obama’s use of executive authority," notes Savage. In a related article that deals with immigration, Savage writes that the Supreme Court will "render a verdict on his use of his executive authority."
“Make no mistake: This is a great victory for West Virginia,” said the state's attorney general, Patrick Morrisey in a press release.
“We are thrilled that the Supreme Court realized the rule’s immediate impact and froze its implementation, protecting workers and saving countless dollars as our fight against its legality continues.” West Virginia and Texas led the coalition of states challenging the EPA regulations.
The Sierra Club's press release was optimistic that the court would ultimately uphold the rule.
FULL STORY: Supreme Court deals blow to Obama by putting his climate change rules on hold
Clean Power Plan Showdown in U.S. Appeals Court on Tuesday
The Obama Administration's most powerful environmental initiative, the Clean Power Plan, was put on hold by the Supreme Court last February. It was heard by 10 judges of the U.S. Court of Appeals in Washington, D.C. on September 27.
Will Obama's Climate Initiative Become the Obamacare of Regulations?
EPA's new Clean Power Plan Rule has taken on a political life of its own, with coal states adamantly opposed, helping those who allege that the administration is waging a "war on coal." We also look at the basis of the rule in the 1970 Clean Air Act.
Appeals Court Rebuffs Trump's EPA on Methane Emissions Suspension
In a win for the environment, a D.C. Circuit panel ruled that EPA Administrator Scott Pruitt could not arbitrarily suspend the starting date of a landmark Obama rule that would reduce methane emissions from new and modified oil and gas wells.
The state-sanctioned urbicide of Austin
People don’t kill cities. Freeways do.
US to reduce Colorado River water deliveries to Mexico
A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.
New Jersey’s second-largest city bans standalone data centers
Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.
Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds
A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.
EPA erases limits on planet-warming pollution from power plants
Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.
Phoenix announces new on-demand transit service, more frequent RAPID buses
Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
The course focuses on the opportunities and imperatives that shape reinvention of mall sites.
Eagle County Government
Harvard University Graduate School of Design
Nashville Planning Department
The Architects Foundation
University of Cincinnati Online
The Pocatello Development Authority
The Urban Renewal Agency of the City of Pocatello
Journal of the American Planning Association