AG Optimistic About Supreme Court Stay on EPA’s Clean Power Plan







An optimistic-sounding Oklahoma Attorney General Scott Pruitt responded to the actions this week of the U.S. Supreme Court to put a hold on what some consider to be the backbone of President Obama’s Green efforts—the Clean Power Plan.

“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,” said Pruitt after getting word of Tuesday’s move by the justices. Oklahoma was among 27 states that filed suit last fall claiming the Plan was yet another example of “overreach” and “an unprecedented power grab” by the Obama administration and its use of the Environmental Protection Agency.

“The 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,” added Pruitt. “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.”

Oklahoma U.S. Senator Jim Inhofe called it a “major blow” to the President’s legacy on climate change. It was a split decision by the Justices as the four liberal justices said they would have denied the request for delay.

Others agree with Pruitt’s assessment of the court decision—that it signals that opponents have made a strong argument against the Clean Power Plan. The plan proposes to attack the impact of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. A federal appeals court last month refused to put the plan on hold and will hear oral arguments June 2nd. Many believe regardless of how the appeals court rules, that the decision will be appealed to the supreme Court.