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ARTICLE · 26 FEBRUARY 2016

Supreme Court Halts Clean Power Plan Implementation Pending Judicial Review

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Taking what many are calling an unprecedented step, the Supreme Court yesterday, in a 5-4 "party line" vote, granted a stay of the EPA's Clean Power Plan, halting the compliance requirements of the rule pending judicial review.

United StatesEnvironment
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
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Taking what many are calling an unprecedented step, the Supreme Court yesterday, in a 5-4 "party line" vote, granted a stay of the Environmental Protection Agency's (EPA) Clean Power Plan (CPP), halting the compliance requirements of the rule pending judicial review. The requests to stay the rule, which would establish requirements for each state to reduce carbon emissions from existing fossil fuel-fired power plants, were filed by a coalition of 25 states and numerous industry and business groups. The Court's order granting a stay comes just two weeks after the United States Court of Appeals for the District of Columbia Circuit declined requests to stay the rule.

Pursuant to the Court's order, the requirements of the CPP will remain stayed pending the outcome of several petitions for review of the rule currently pending before the D.C. Circuit, and the outcome of any petitions for Supreme Court review of a D.C. Circuit decision upholding the rule, should that

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