PPT - National Journal
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Transcript PPT - National Journal
PRESENTATION CENTER
SCOTUS CLEAN POWER PLAN
SCOTUS Rules Clean Power Plan Cannot Be
Implemented While Courts Decide On Its Legality
SCOTUS Ruling and Its Implications For the Clean Power Plan
SCOTUS Decision
• Rules 5-4 that Clean Power Plan cannot be implemented while it awaits court
ruling
• Vote is split along ideological lines with conservatives supporting and liberals
opposed
• Indication of how SCOTUS might vote on the Clean Power Plan’s legality if it is
brought before them
D.C. Circuit Court of Appeals Decision Overruled
• SCOTUS decision overrules D.C. Circuit Court decision
• Federal D.C. Circuit decision ruled last month that Clean Power Plan could be
implemented while it is ruled upon
• Highly unusual for SCOTUS to overrule circuit court’s decision on allowing for
rule to be implemented while it is in court
Moving Forward
• D.C. Circuit Court will
rule on the Clean
Power Plan starting in
June 2016
• Most likely the
decision will be
appealed pushing the
ruling up to SCOTUS
• SCOTUS ruling will
probably not occur
until after Obama
leaves office
• The fate of the Clean
Power Plan will be in
the hands of Obama’s
successor
Source: Devin Henry and Timothy Cama, “Supreme Court Blocks Obama’s Climate Rule For Power Plants,” The Hill, February 9, 2016; Lawrence Hurley and Valerie Volcovici,
“Supreme Court Blocks Obama’s Carbon Emission Plan,” Reuters, February 9, 2016
February 10, 2016 | Ben Booker