AUSTIN – The Supreme Court of the United States today issued a stay on the implementation of the Environmental Agency’s (EPA) Clean Power Plan (CPP). The lawsuit against the CPP was brought by 27 states, including Texas, and private businesses, including Murray Energy Corporation. The Texas Public Policy Foundation’s (TPPF) Distinguished Senior Fellow-in-Residence Kathleen Hartnett White, General Counsel Robert Henneke and Fueling Freedom Project Director Doug Domenech issued the following statements:

“The Supreme Court’s stay of EPA’s rogue Clean Power Plan is a critically important assertion of judicial power under the rule of law,” said Kathleen Hartnett White, distinguished senior fellow-in-residence and director of the Armstrong Center for Energy and the Environment at TPPF. “Stopping EPA’s regulatory clock until full review of the merits will prevent irreversible loss to the states and electric utilities. The stay will also preserve the legal force of Supreme Court review that EPA has increasingly evaded in the last few years.”

“The Supreme Court’s Order today staying the Administration’s Clean Power Plan shows that there is a limit to executive branch overreach beyond the limits permitted by the Constitution,” said Robert Henneke, general counsel and director of the Center for the American Future at TPPF. “The roar of opposition to the Administration’s Plan was heard today by the United States Supreme Court. This is a crushing defeat for the Environmental Protection Agency’s unlawful regulatory attempt to federalize energy generation in America. The Supreme Court’s Order forces a pause, while allowing the legal battle challenging the overall constitutionality of this regulation to continue."

"The U.S. Supreme Court's issuance of a stay on the implementation of the so-called Clean Power Plan is a victory for all Americans — and especially those in low-income and marginalized communities who would be hit hardest by this Washington, D.C., scheme that would raise electrical rates for households, deprive communities of power, and deny jobs and prosperity to those who need them most,” said Doug Domenech, director of the Fueling Freedom Project at TPPF. “But this isn't the end of the fight. The Court has issued a stay — but the EPA still seeks de facto control of America's energy sector, and it will argue its case. The effort against the Clean Power Plan continues. Today is a welcome reprieve — and our job is to make sure it's a permanent one."
To schedule an interview with Ms. White, Mr. Henneke, or Mr. Domenech, please contact Caroline Espinosa at [email protected] or 512-472-2700.

The Honorable Kathleen Hartnett White is a distinguished senior fellow-in-residence and the director of the Armstrong Center for Energy & the Environment. Former Chairman for the Texas Commission on Environmental Quality (2001-2007).
The Honorable Robert Henneke is general counsel and director of the Center for the American Future at the Texas Public Policy Foundation. Before joining the Foundation, Robert served as the twice-elected Kerr County Attorney where he fought to protect the community through tough prosecution and brought conservative values to county government.
The Honorable Doug Domenech is director of the Fueling Freedom Project at the Texas Public Policy Foundation. Domenech most recently served as Secretary of Natural Resources for the Commonwealth of Virginia and served as White House Liaison and deputy chief of staff at the U.S. Department of the Interior.

The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.

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