The U.S. Supreme Court has blocked the U.S. EPA from enforcing President Obama's Clean Power Plan while Ohio and two dozen other states challenge its constitutionality.
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The U.S. Supreme Court has agreed with Ohio and other states and blocked the U.S. Environmental Protection Agency from implementing Obama's Clean Power Plan -- which aims to block carbon dioxide emissions from coal-burning power plants like FirstEnergy's W.H. Sammis plant -- until the courts can determine the constitutionality of the plan. Ohio and more than two dozen other states argue the EPA can limit emissions from individual power plants but cannot constitutionality order states to limit emissions. WASHINGTON -- A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.
The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab."
By issuing the temporary freeze, a 5-4 majority of the justices signaled that opponents made strong arguments against the rules. The high court's four liberal justices said Tuesday they would have denied the request for delay.
Opponents said the agency is overstepping its authority and intruding on states' rights. Supreme Court intervention casts doubt on the legal prospects for the program, suggesting concerns among a majority of the nine justices.
The ruling late Tuesday "confirms that the legal justification for the Clean Power Plan should be examined by the courts before scarce state and private resources are used to develop state plans," said Melissa McHenry, a spokeswoman for Columbus-based American Electric Power Co., one of the biggest coal users among U.S. utilities.
"AEP has already cut its carbon dioxide emissions 30 percent from 2005 levels, and we will continue to reduce carbon dioxide emissions from our generation fleet as we transition to more natural gas and renewable resources in the future," she said.
FirstEnergy Corp. spokesman Todd Schneider said the company will continue working with states that are developing plans to comply while the court battle continues.
"While the legal challenges are addressed, we will work with our states if they chose to continue development of their compliance plans," he said.
The Obama administration's plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030.
"We disagree with the Supreme Court's decision to stay the Clean Power Plan while litigation proceeds," White House spokesman Josh Earnest said in a statement.
Earnest said the administration's plan is based on a strong legal and technical foundation, and gives the states time to develop cost-effective plans to reduce emissions. He also said the administration will continue to "take aggressive steps to make forward progress to reduce carbon emissions."
A federal appeals court in Washington last month refused to put the plan on hold. That lower court is not likely to issue a ruling on the legality of the plan until months after it hears oral arguments begin on June 2.
Any decision will likely be appealed to the Supreme Court, meaning resolution of the legal fight is not likely to happen until after Obama leaves office.
Compliance with the new rules isn't required until 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.
Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that the plan oversteps federal authority to restrict carbon emissions, and that electricity providers would have to spend billions of dollars to begin complying with a rule that might end up being overturned.
Attorney General Patrick Morrisey of West Virginia, whose coal-dependent state is helping lead the legal fight, hailed the court's decision.
"We are thrilled that the Supreme Court realized the rule's immediate impact and froze its implementation, protecting workers and saving countless dollars as our fight against its legality continues," Morrisey said.
Ohio Attorney General Mike DeWine has worked has worked closely with Morrisey. The Ohio EPA and the Public Utilities Commission of Ohio have been developing a plan to comply with the proposal, even as the states oppose it.
Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.