On September 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency petition filed by 15 states seeking a stay of certain deadlines in EPA’s new Clean Power Plan (CPP) Rule.
The CPP Rule establishes limits on carbon emissions from existing fossil-fuel, electric generating units under Section 111(d) of the Clean Air Act. The states’ petition sought an immediate stay of the deadlines in the CPP for states to submit compliance plans detailing how they would achieve the rule’s emission limit requirements. The states argued that they would suffer irreparable harm, including “significant unrecoverable costs and disruption to sovereign priorities,” if these deadlines were not immediately stayed.
The court concluded that the states’ petition did not satisfy “the stringent standards that apply to petitions for extraordinary writs that seek to stay agency action.”
Denial of the motion likely clears the path for implementation of the rule in the near term.
— Access Environmental (@AccessEnviro) September 18, 2015