The U.S. economy got some much needed relief last week when the U.S. Supreme Court paused implementation of an EPA rule until legal arguments are finally settled in the courts. The EPA’s so-called Clean Power Plan is a blatant attempt by the EPA to overreach its Clean Air Act authority. If implemented, the rule will negatively impact both electric power cost and reliability to U.S. ratepayers. The Mississippi Energy Institute has closely followed the path to implementation since its 2014 proposal. The Court’s stay means the rule may remain in legal limbo until 2017. The stay is not a guarantee of a future strike down of the rule, but it may indicate a majority of the Court is siding with challengers of the EPA’s overreaching authority. While uncertainty remains until a final decision is made, a pause in implementation is a temporary victory.
“What the Court said today is that states cannot be forced to comply with a regulation that it may ultimately decide is unconstitutional. This is a temporary but important victory for small businesses, which were facing substantially higher energy costs. It’s also a blow to the EPA, which was gearing up to enforce the regulation regardless of the practical costs to the economy. The Supreme Court gave small businesses and the states some breathing room until it can decide the matter.”
– Karen Harned
National Federation of Independent Business Small Business Legal Center