Supreme Court grants 'stay' of Clean Power Plan

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Supreme Court grants 'stay' of Clean Power Plan

February 10, 2016

The American Public Power Association (APPA) today (Feb. 10) said it supported the U.S. Supreme Court’s Feb. 9 decision to allow the U.S. Court of Appeals for the District of Columbia Circuit to review the legal challenges to the Environmental Protection Agency’s Clean Power Plan (CPP) prior to its implementation.

The 5-4 order was issued without explanation. The CPP is now on hold until the Supreme Court hears the case and issues a final decision, or denies a request to hear an appeal. A final resolution might not come until 2017. The appeals court is scheduled to take up arguments on the case in June.

Many observers have noted that the court’s action was unusual, indicating it has doubts about the CPP’s legality.

Regardless of their position on the issues, said APPA, almost all parties agree that implementation of the CPP will result in broad and transformative changes to the electricity industry. Thus, resolving these highly controversial issues will significantly reduce the uncertainty of the program and, ultimately, the costs to consumers. APPA looks forward to a meticulous review and consideration of these matters by the court. 

In the interim, noted APPA, public power utilities will continue their substantial progress in reducing greenhouse gas emissions through greater use of renewable, nuclear, and other low- and non-emitting sources of electricity generation, and the implementation of energy efficiency and conservation programs.

The Clean Power Plan, aimed at fossil-fueled generation, sets carbon dioxide limits for each state to achieve an overall emissions reduction of 32 percent below 2005 levels by 2030. The compliance period was to begin in 2022.

These developments certainly lend interest to federal regulatory and legislative developments. MMUA urges its members to attend the APPA Legislative Rally, March 7-9 in Washington, D.C.

If those attending need or have an extra room for the rally, please Bill Black at or Amanda Duerr at



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