(February 9, 2016) WASHINGTON, DC – Today’s extraordinary action by the United States Supreme Court, staying President Obama’s sweeping and unprecedented “Clean Power Plan,” is a watershed moment in state attorneys general’s fight against the overreaching Obama Administration. Importantly, it thwarts the Obama Administration’s attempt to implement as much of the Plan as possible before the courts have had the opportunity to determine its legality. According to the Supreme Court’s order, the Plan is put on hold until it is reviewed by both the D.C. Circuit Court of Appeals and the U.S. Supreme Court.
“It is no small matter when more than half the states come to together to challenge the federal government,” said RAGA chairman and Michigan Attorney General Bill Schuette, “and we are proud that Republican attorneys general have once again led the charge against this Administration's unconstitutional overreach, just as they did in stopping the Administration’s unlawful Waters of the United States Rule and illegal immigration executive actions.”
“We are convinced that the Supreme Court will agree with the States that the Clean Power Plan far exceeds the President’s power to control the energy industry and command the economy through environmental regulation,” stated Oklahoma Attorney General E. Scott Pruitt. “Today’s order is confirmation that the Supreme Court believes there is a strong likelihood that the States will ultimately prevail in their challenge to the Administration’s actions. Just as important, the stay prevents the EPA from doing what it has repeatedly done in the past: forcing States and businesses to comply with their regulations while they are being challenged in court, only to have the courts determine that the regulations were illegal after the damage from executive overreach has already been wrought.”
West Virginia Attorney General Patrick Morrisey, who has led the litigation effort, said: “This is a great victory for West Virginia, the country, and the rule of law. We are grateful that the Supreme Court realized that the devastating impact this clearly illegal rule is having on States and our citizens, and put a stop to the rule while it is being challenged in court. Those who have been harmed by this rule should take hope from this win. Together with our sister States, we will keep fighting this rule and are confident the courts will ultimately strike it down.”