Press Release: U.S. Supreme Court Halts EPA’s Unlawful Power Plan

The state of Utah is pleased that the United States Supreme Court has blocked enforcement of the Environmental Protection Agency’s “111(d)” regulation, a landmark carbon rule for power plants. The Supreme Court’s order prohibits the EPA from implementing the rule until the states’ legal challenge is resolved by the courts.

Utah Governor Gary R. Herbert and Utah Attorney General Sean Reyes welcomed the Supreme Court’s action.

“Such a dramatic expansion of the EPA’s authority to regulate our economy warrants direction and clear legal authorization from Congress, which has not yet been granted,” said Gov. Herbert.

“While the stay is no guarantee that the Supreme Court will eventually rule against the EPA, we feel that the decision recognizes the dramatic impact the rule would have on our state,” said Reyes. “We all want better air quality and a healthy environment for our families and future generations, but not by bypassing Congress, violating the Clean Air Act, and ignoring meaningful input by the States.”

Led by the Attorney General’s Office, Utah joined the challenge of the EPA’s rule, also known as the Clean Power Plan, and requested that courts overturn this unprecedented federal regulatory expansion. Utah joined West Virginia and twenty-two other states in challenging the EPA’s approach to regulating carbon dioxide emissions from power plants that would unlawfully hinder Utah’s ability to make fundamental decisions central to the state’s quality of life and economy growth.