Supreme Court Puts EPA’s Clean Power Plan on Hold


This evening the U.S. Supreme Court suspended EPA’s Clean Power Plan, barring it from taking effect while the D.C. Circuit Court of Appeals considers the underlying merits of the consolidated challenges. The high court granted a stay requested by West Virginia, several dozen other states, and industry groups. 

CEI is a petitioner in one of the lawsuits challenging the EPA’s so-called Clean Power Plan, and is joined by several state policy organizations and seven individuals in that lawsuit.

Competitive Enterprise Institute General Counsel Sam Kazman responded to the decision:

“In a way EPA’s Clean Power Plan had put fossil fuel companies on death row and today the U.S. Supreme Court granted them a stay of execution. This is great news, not just for these businesses and their employees, but also everyone who depends on affordable energy.”

Senior fellow Marlo Lewis applauded the decision: 

“This is fantastic news. Granting the stay will protect the economies of mining and manufacturing states and electricity consumers in all states. In UARG v. EPA, the Court warned EPA not to rewrite the Clean Air Act to suit its own sense of how the statute should operate. Now we know the Court meant what it said. Clearly, too, the Court was not impressed by the administration’s argument that the Paris climate treaty makes the Clean Power Plan too important for courts to tamper with. If the Court once flirted with the view that presidential legacy policies are too big to fail, it no longer seems inclined to do so.” 

Learn more about CEI’s case on