States, Business Coalitions Urge Supreme Court To Stay Clean Power Plan

Date: January 28, 2016

NFIB Among Those Working For Rule To Be Overturned In Courts

Reuters reported that a coalition of 26 states asked the Supreme Court on Tuesday to stay the Environmental Protection Agency’s Clean Power Plan while their lawsuits make their way through the judicial process. Bloomberg News added that the coalition, which is led by Texas and West Virginia, “filed its bid for relief” from the regulation with the Supreme Court “after their request for a similar pause was rejected by a lower court” last week. The Los Angeles Times reported that “lawyers for West Virginia, Texas and 24 other states filed an emergency appeal Tuesday night with Chief Justice John G. Roberts that calls Obama’s plan an ‘unprecedented power grab by the Environmental Protection Agency that seeks to reorder the nation’s energy grid.’” On Wednesday, according to The Hill, a coalition of businesses and business groups also filed appeals with the Supreme Court in an effort to “block the EPA’s climate rule for power plants.” Large business groups including the NFIB, the National Association of Manufacturers, and the US Chamber of Commerce “filed one of the appeals,” a number of “utilities and their allies filed another,” while a pair of energy corporations joined two coal associations in filing a third appeal. According to the Washington Examiner, NFIB”and a dozen other groups asked the high court Wednesday to stay the Clean Power Plan.”

What This Means For Small Businesses

Small businesses would suffer a great cost burden under the Clean Power Plan. With 26 states, a dozen business groups, and energy companies all united in filing motions to stay the EPA’s egregious regulations under the CPP, there is hope that this anti-business mandate may be halted. However, some damage is likely already done to small businesses trying to plan for worst-case scenarios under this regulation. As NFIB Small Business Legal Center Executive Director Karen Harned recently explained in USA Today, even if the regulation is never implemented, small businesses “have to start planning and investing resources now in order to be in compliance. So even if they eventually prevail in the Supreme Court and the regulation is thrown out, it will be impossible to recover their investment and nearly impossible to reverse the damage.”

Additional Reading

The Huffington Post and the Wall Street Journal were among the additional outlets covering the states’ efforts to get a stay on the Clean Power Plan.

Note: this article is intended to keep small business owners up on the latest news. It does not necessarily represent the policy stances of NFIB.

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