D.C. Circuit Won’t Stay Clean Power Plan

The brief order did not give the Court’s reasoning, beyond stating that petitioners had not met the required showing for a stay. However, under controlling law, petitioners would have had to show that leaving the Clean Power Plan in place would result in irreparable harm. Since compliance would not begin until 2022, the Court was likely unconvinced by this argument.

Petitioners have appealed this decision to the Supreme Court, an unusual move, potentially designed to force the high court to rule on the merits of the case before the D.C. Circuit does. The lower court has established an expedited schedule for consideration of the case, with oral arguments scheduled for June 2.