On February 9, 2016, the U.S. Supreme Court stayed
EPA's "Standards of Performance for Greenhouse Gas
Emissions From New, Modified, and Reconstructed Stationary Sources:
Electric Utility," 80 Fed. Reg. 64510 (Oct. 23, 2015).
https://www.gpo.gov/fdsys/pkg/FR-2015-10-23/pdf/2015-22837.pdf.
The rule is commonly referred to as the Clean Power Plan, and was
featured in recent international COP21 United Nations climate
change proceedings held outside Paris last December. Chief Justice
Roberts issued the stay order, with votes against stay by Justices
Ginsberg, Breyer, Sotomayer, and Kagan.
http://www.supremecourt.gov/orders/courtorders/020916zr4_4g15.pdf.
EPA's rule regulated carbon emissions, but also integrated
resource planning, transmission, and power generation, areas
typically outside EPA's jurisdiction. The rule was
challenged as outside the scope of EPA's authority under the
Clean Air Act (CAA), 42 U.S.C. §§ 7401 et seq.,
specifically with regard to
