On Tuesday, February 9, 2016, the United States Supreme Court
granted a stay preventing the Environmental Protection Agency from
implementing its Clean Power Plan ("CPP"), a controversial
effort by the EPA to control greenhouse gas emissions from power
plants under the authority of the Clean Air Act. (More information
on the CPP is available at the EPA's website. Under the CPP, states were
required to develop State Implementation Plans that would ensure
that power plants within the state met the emission targets set
under the CPP. Those plans were to be developed by September of
2016, and have been the subject of ongoing administrative and
legislative debate and action throughout the nation. Numerous
states and industry groups objected to the CPP and have stated that
compliance with the CPP will be extremely costly and adversely
impact electrical generation, reliability and consumers. As a
result, over two dozen states and numerous industry groups
challenged the
