Court denies initial bid to block Obama climate regime

Source: Jeremy P. Jacobs, E&E reporter • Posted: Thursday, September 10, 2015

A federal appeals court yesterday denied an initial effort by more than a dozen states and industry to block the Obama administration’s landmark greenhouse gas standards for power plants.

West Virginia and 15 other states last month sought an emergency stay to halt the Clean Power Plan while litigation challenging the regulations plays out (EnergyWire, Aug. 14).

But in a short order, the U.S. Court of Appeals for the District of Columbia Circuit said the challengers “have not satisfied the stringent standards that apply” for “extraordinary writs that seek to stay agency action.”

The emergency motion was the first move of what is expected to be lengthy litigation challenging the Clean Power Plan, which would cut carbon dioxide emissions by 32 percent from 2005 levels by 2030.

Granting such a request would have been unusual for the D.C. Circuit, so the order today is not unexpected.

The D.C. Circuit typically doesn’t entertain challenges to air rules until they are published in the Federal Register. EPA has said the regime will be formally published at the end of October.