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.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?
As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?
The Five Most-Changed American Cities
A ranking of population change, home values, and jobs highlights the nation’s most dynamic and most stagnant regions.
San Diego Adopts First Mobility Master Plan
The plan provides a comprehensive framework for making San Diego’s transportation network more multimodal, accessible, and sustainable.
Housing, Supportive Service Providers Brace for Federal Cuts
Organizations that provide housing assistance are tightening their purse strings and making plans for maintaining operations if federal funding dries up.
Op-Ed: Why an Effective Passenger Rail Network Needs Government Involvement
An outdated rail network that privileges freight won’t be fixed by privatizing Amtrak.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
New York City School Construction Authority
Village of Glen Ellyn
Central Transportation Planning Staff/Boston Region MPO
Institute for Housing and Urban Development Studies (IHS)
City of Grandview
Harvard GSD Executive Education
Regional Transportation Commission of Southern Nevada
Toledo-Lucas County Plan Commissions