Court rejects request to delay implementation of Clean Power Plan

By Erin Voegele | January 22, 2016

On Jan. 21, the U.S. Court of Appeals for the District of Colombia denied a request for a stay that would have prevented the U.S. EPA from implementing the Clean Power Plan until legal challenges are resolved.

The order issued by the court indicates “petitioners have not satisfied the stringent requirements for a stay pending court review.” The order also states that the consideration of the appeals will be expedited. Final briefs are to be filed by April, and oral arguments have been scheduled for June 2.

The EPA published the final rule for the Clean Power Plan in the Federal Register in October. Since then, more than two dozen states and a variety of industry groups and businesses have filed challenges against the program.

“We are pleased that the court has rejected petitioners' attempts to block the Clean Power Plan from moving forward while litigation proceeds,” said the White House press secretary in a statement. “We are confident that the plan will reduce carbon pollution and deliver better air quality, improved public health, and jobs across the country. We look forward to continuing to work with states and other stakeholders taking steps to implement the Clean Power Plan.”

In November, Janet McCabe, U.S. EPA acting assistant administrator for the Office of Air and Radiation, published a blog that addresses the potential role of biomass in the Clean Power Plan, and announced that the EPA will hold a workshop on the topic early this year.