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Governors' Wind Energy Coalition

February 19, 2016

Why the U.S. is cutting carbon emissions no matter what happens with the Supreme Court

By Chris Mooney, Washington Post  •    •  Posted 2016-02-19 06:39:25

“If Scalia’s seat remains vacant when the Clean Power Plan reaches the high court, a 4-4 vote would result in an automatic affirmance of the D.C. Circuit’s decision on the rule,” says Jack Lienke, an attorney with the Institute for Policy Integrity at the New York University School of Law, by email. “We can’t know what the D.C. Circuit will decide, but supporters of the Clean Power Plan are optimistic — both because the D.C. Circuit panel, unlike the Supreme Court, denied motions to stay the rule and because the three-judge panel includes two Democratic appointees.” [ read more … ]

Rule freezes ‘part of the landscape’ at EPA

Amanda Reilly, E&E reporter  •    •  Posted 2016-02-19 06:39:59

U.S. EPA is exploring new territory when it comes to the Supreme Court’s decision to freeze the Clean Power Plan, the centerpiece of the Obama’a administration’s climate agenda, several former agency officials said this week. “Stays are quite unusual,” said Robert Sussman, who held positions in EPA during both the Obama and Clinton administrations. “I don’t think there are clear guideposts.”
[ read more … ]

It’s ‘foolish’ for Calif. to heed high court stay

Debra Kahn, E&E reporter  •    •  Posted 2016-02-19 06:40:29

As U.S. EPA’s Clean Power Plan weathers legal turmoil, at least one state is proceeding full steam ahead. California’s Air Resources Board released a white paper yesterday exploring ways to mesh the state’s existing climate change regulations with those envisioned under the federal rule for existing power plants.
[ read more … ]

Nominating appeals judge could grease Senate’s wheels

Hannah Hess, E&E reporter  •    •  Posted 2016-02-19 06:40:52

How far to the center President Obama should lean when choosing a Supreme Court nominee remains an open question, with Senate Republican leaders still saying any pick would be dead on arrival. Without naming names, Democrats who sit on the Senate Judiciary Committee have hinted that a candidate who has already been through the rigorous confirmation process may be more likely to move forward on the merits. [ read more … ]

Appoint a senator? For Obama, options are limited

Josh Kurtz, E&E reporter  •    •  Posted 2016-02-19 06:41:15

As President Obama contemplates the monumental political task of replacing the late Supreme Court Justice Antonin Scalia, some analysts have suggested that he nominate a member of the Senate to the high court — on the theory that it will be hard for senators to reject one of their own. But that argument only goes so far — especially in a closely divided Senate in an election year, especially with Republicans holding 31 of the nation’s 50 governorships and especially with ideological control of the court hanging in the balance. [ read more … ]

Note: News clips provided do not necessarily reflect the views of coalition or its member governors.