Surprise ruling forces EPA to halt work on landmark regulations to curb emissions from US power sector
The US green economy received a blow yesterday, after the Supreme Court ruled that the Obama administration's Clean Power Plan should be halted while a case challenging its legality is heard.
However, the White House quickly confirmed it remained fully committed to the plan and would continue to work with States that support the regulations to deliver action plans for reducing emissions from their power sectors.
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In a shock move the divided court sided with the coalition of 27 States and industry groups that have launched legal action against the landmark regulations and their requirement for all US States to take action to cut emissions from power plants by 32 per cent by 2030. The group had called for the regulations to be halted while the wider case is heard. The Supreme Court voted to back the group's argument, overturning a decision by a federal appeals court last month, which had refused to put the plan on hold.
The decision represents a blow to the Obama administration's climate policy push, following a series of victories which had seen tax breaks for wind and solar projects extended, vehicle fuel efficiency standards adopted, the US play a key role in delivering the international Paris Agreement, and Obama put forward plans this month for a doubling of the federal clean energy R&D budget.
The Clean Power Plan, which was unveiled last summer, is widely regarded as the centrepiece of the administration's emission reduction strategy. It requires every State to come forward with a tailored plan for meeting the new power sector emission reduction targets by this autumn or have a plan imposed upon them by the EPA.
The regulations were designed to give states flexibility on how to meet the targets and were expected to provide a major boost for renewable energy, clean power and energy efficiency programmes across the country.
However, a group- of mostly Republican-led states and heavy industry groups led a pushback against the regulations, arguing they were an unjustified land grab that would push up energy costs.
The White House last night hit out at the Supreme Court decision, insisting it remained confident of victory in the underlying legal action and stressing that the EPA would continue to work with those States that support the Clean Power Plan and intend to bring forward emission reduction plans.
"We disagree with the Supreme Court's decision to stay the Clean Power Plan while litigation proceeds," said White House press secretary Josh Earnest in a statement. "The Clean Power Plan is based on a strong legal and technical foundation, gives States the time and flexibility they need to develop tailored, cost-effective plans to reduce their emissions, and will deliver better air quality, improved public health, clean energy investment and jobs across the country, and major progress in our efforts to confront the risks posed by climate change.
"We remain confident that we will prevail on the merits. Even while the litigation proceeds, EPA has indicated it will work with states that choose to continue plan development and will prepare the tools those states will need. At the same time, the Administration will continue to take aggressive steps to make forward progress to reduce carbon emissions."
The EPA and the White House have long maintained emissions regulations for the power and transport sectors are legally justified following a previous Supreme Court ruling that climate change and carbon emissions present a threat to human health and should therefore be regulated under the Clean Air Act. In the past the EPA has faced legal action from green groups over its failure to fully enact the Clean Air Act and introduce regulations on carbon emissions.
"The Supreme Court has made clear in previous ruling that EPA has the authority to regulate greenhouse gases," said Bob Perciasepe, President of the Center for Climate and Energy Solutions, in a statement. "Whether or not the Court ultimately upholds this particular rule, the need to cut carbon emissions will remain, and states need to figure out the most cost-effective ways to do that. It's in everyone's interest that states keep at it, because whether it's the Clean Power Plan or some other policy, they'll need smart strategies to get the job done."
Friends of the Earth Action President Erich Pica urged campaigners to step up pressure on politicians to deliver the now halted plan. "Tonight's Supreme Court decision has delayed the implementation of the Clean Power Plan while we are running out of time to combat climate change," he said. "It did not, however, address the merits of the case. The Environmental Protection Agency spent years crafting the Clean Power Plan, which has a strong legal foundation in the Clean Air Act. The rule has overwhelming support among the American people. Tonight is a call to all who care about our planet to demand more from our politicians as we fight climate change."
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