GHG Daily
2/2/2016
The State of North Dakota Friday filed an application with Chief Justice of the U.S. Supreme Court calling for a stay of the Environmental Protection Agency’s carbon emissions standards for existing coal-fired power plants. The state joins a coalition of 25 other states, led by West Virginia, 16 trade organizations, including the U.S. Chamber of Commerce; 61 power utilities, including Basin Electric; and coal interests including Murray Energy and Peabody Coal.
The requests to Roberts came days after the D.C. Circuit Court of Appeals denied a stay of the rule, which requires states to develop action plans to meet federally set, state-specific carbon emissions reduction goals. If the stay is granted, the rule will not go into effect unless it survives legal challenges. Petitioners argue that over the course of what will almost certainly be a lengthy legal battle destined for the Supreme Court, states might have to invest billions of dollars to come into compliance with a rule that could eventually be overturned. The D.C. Circuit Court of Appeals found that the petitioners did not meet the requirements needed to grant a stay.
Regardless of what Roberts decides on the stay applications, the attached legal challenge to the rule will first be decided in the D.C. Circuit Court of Appeals.
