WASHINGTON, DC: The U.S. Supreme Court today dealt a significant initial blow against President Obama's so-called "Clean Power Plan" by staying the Plan's implementation until oral arguments before the high court on June 2 this year.
Since the Court's 2014 decision slapping down the Environmental Protection Agency's greenhouse gas regulations as "executive overreach" and a violation of constitutional separation of powers, in which SLF represented 14 members of Congress and multiple professional associations and companies, "the tendency has been for the federal courts to halt President Obama's regulations in order to figure out whether Congress has had a chance to review and approve them," said Todd Young, SLF chief operating officer. "In this case, as in most recent cases, Congress was left out of the constitutional equation and the Executive branch simply gave itself authority to change the law."
SLF will be participating as a friend of the court in the Clean Power Plan arguments before the Supreme Court. SLF is also currently challenging the EPA's controversial "Waters of the United States" regulations that have likewise been stayed by the Sixth Circuit federal appellate court.