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U.S. Supreme Court Puts EPA Clean Power Climate Plan On Hold, DEP Will Continue

In a 5 to 4 decision, the U.S. Supreme Court Tuesday issued an order putting a hold EPA’s Clean Power Climate Plan until challenges to the regulation can be heard by the Federal Appeals Court. Court arguments are set to begin June 2.

A coalition of 27 states and industry opponents challenged the rule saying it was an “unprecedented power grab” by EPA.

The AP reported that to convince the high court to temporarily halt the plan, opponents had to convince the justices that there was a "fair prospect" the court would strike down the rule. The court also had to consider whether denying a stay would cause irreparable harm to the states and utility companies affected.

A copy of the Supreme Court order is available online.

John Pippy, PA Coal Alliance CEO, said Wednesday in a statement reacting to the ruling: “We are pleased with the Supreme Court’s action today. The legal standard to achieve a stay is extremely high and in doing so, the Supreme Court has recognized that the Clean Power Plan could cause irreparable harm to this country’s citizens, economy and energy sector. This decision reinforces the importance of Pennsylvania taking it’s time in voluntary early compliance with overreaching regulations on industries such as energy where state primacy has presided.”

The Washington Post quoted a White House spokesperson as saying, “Even while the litigation proceeds, EPA has indicated it will work with states that choose to continue plan development and will prepare the tools those states will need. At the same time, the Administration will continue to take aggressive steps to make forward progress to reduce carbon emissions.”

On Friday, John Pippy, PA Coal Alliance CEO, issued a statement calling on the Wolf Administration “to cease all processes for compliance plan development until the final legality of the Clean Power Plan is determined.”

The Allegheny Front radio program Tweeted Wednesday morning DEP “will continue planning and engagement with stakeholders on the Clean Power Plan” and DEP Secretary John Quigley said Thursday DEP will have a plan done by the September 6 deadline with a draft plan going out for public comment on or about Memorial Day.

The Clean Power PA Coalition, representing Pennsylvania’s environmental and conservation community Friday issued the following statement thanking Secretary Quigley and the Wolf Administration for their action in response to the Court decision:

“Secretary Quigley’s affirmation that Pennsylvania will develop and be ready to submit a State Plan to the U.S. Environmental Protection Agency this September shows that the Wolf Administration is committed to the public health of Pennsylvanians and to building a clean energy economy in our commonwealth – and is taking steps Pennsylvanians strongly support.

“While we disagree with the Supreme Court’s decision, we are grateful that Gov. Wolf and Secretary Quigley are national leaders in their commitment to crafting a State Plan that meets the pollution reduction goals of the Clean Power Plan, improves public health, and creates clean energy jobs.”

Efforts To Slow Down/Block PA Clean Power Rule

In the General Assembly, several efforts are underway to delay submission of Pennsylvania’s Clean Power Plan.

The Fiscal Code bill-- House Bill 1327 (Peifer-R-Pike)-- that was part of the initial budget package, but never passed, contained a provision that establish further hoops any Pennsylvania Clean Power Plan would have to go through before it is submitted to EPA under a law passed in 2014.

On Monday, Sen. Don White (R-Indiana) began circulating a co-sponsor memo to put this same language in a stand-alone bill.

Sen. Pat Stefano (R-Fayette) last week introduced Senate Resolution 277 urging DEP to delay implementation of the Clean Power Rule for 2 years.

PA Doesn’t Have Far To Go To Comply

Secretary Quigley has said Pennsylvania does not have that far to go to reach the greenhouse gas emission reductions required by the EPA Clean Power Climate Plan.

He credited the switch from coal to natural gas for electric generation as the primary reason greenhouse gas emissions were reduced by 27 million tons a year from 2007 to 2014 to about 107 million tons and put the state within reasonable striking distance of the meeting EPA’s Clean Power Climate Plan reductions.

He said the final EPA Clean Power Climate Plan requires Pennsylvania to reduce carbon dioxide emissions by 1 million tons annually by 2022 (7 years from now) and another 15 million tons annually by 2030 (15 years from now).

Other PA Climate Steps

DEP has taken a number of other steps to address climate change issues in the last few weeks.

At the beginning of this month, DEP released its update to the Climate Change Action Plan for public comment. Broader than the EPA Clean Power Plan, the Action Plan Update recommends greenhouse gas emission reduction strategies across 13 specific sectors.

In January, DEP proposed new regulations limiting methane emissions from the oil and gas industry to limit greenhouse gas emissions.

At a meeting of DEP’s Air Quality Technical Advisory Committee on Thursday to go over the methane emissions reduction strategy, DEP said it would probably have a draft general permit and other documents ready for Committee review by its next meeting on April 14.

For more information on activities related to the EPA Clean Power Plan in PA, visit DEP’s Climate Change webpage. Also visit DEP’s Methane Reduction Strategy webpage.

NewsClips:

Wolf Says PA Will Move Forward On Clean Power Plan

Timing For DEP’s Clean Power Plan In Flux

DEP Recommits To September 6 Deadline For Clean Power Plan

PLS: PA Has Mixed Reaction To Stay Of Federal Clean Power Plan

Some States Forging Ahead With Clean Power Plan Despite Court Ruling

Supreme Court Halts Clean Power Plan, What’s It Mean For PA?

Erie News: Conversation With DEP’s John Quigley On Climate

AP: Supreme Court Puts Obama’s Clean Power Plan On Hold

Allegheny Front: Court Decision Puts Climate Change Plan In Limbo

Bloomberg: Clean Power Plan Put On Hold By Supreme Court

Supreme Court Puts Obama’s Clean Power Plan On Hold