A federal appeals court on Thursday declined to temporarily block the Obama administration's rule to curb greenhouse gas emissions from power plants while opponents of the rule have time for their legal challenge fully heard.
The U.S. Court of Appeals for the District of Columbia issued a two-page order denying the request for a stay of the U.S. Environmental Protection Agency's Clean Power Plan.
A variety of industry groups and state governments challenged the EPA rule, and last month West Virginia Attorney General Patrick Morrisey was among those who asked the appeals court to stay the rule pending a complete appeal.
The appeals court said that the petitioners seeking a stay had "not satisfied the stringent requirements" for blocking the rule pending court review.
Generally, when considering a stay, courts weigh the likelihood of success on the case's merits, whether those appealing would suffer irreparable harm without a stay, whether other parties would be harmed by the stay, and whether such a stay is in the public interest.
While declining to stay the rule, the appeals court did agree to expedite its consideration of legal challenges to the rule. The court said initial legal briefs would be due by mid-April and final briefs later that month. Oral argument will be held on June 2, the court said.
In a statement Thursday, Morrisey said that he would consider asking the U.S. Supreme Court to step in and halt the rule.
"We are disappointed in today's decision, but believe we will ultimately prevail in court," Morrisey said. "The court did not issue a ruling on the merits and we remain confident that our arguments will prevail as the case continues. We are pleased, however, that the court has agreed to expedite hearing the case."
David Doniger, director of the Climate and Clean Air Program at the Natural Resources Defense Council, said that the appeals court decision "is a huge win" that "brushed aside the polluters' bogus bid to block the Clean Power plan." He said that the electricity sector would "continue the shift from its high-pollution, dirty-fueled past to a safer, cleaner-powered future."
"The decision greenlights work that most states have already begun to put the Clean Power Plan into action, and signals to others that there is no excuse for holding back on implementation," Doniger said.
In West Virginia, the state Department of Environmental Protection is working on a legislatively ordered study of the feasibility of the state complying with the EPA mandate for reducing emissions of carbon dioxide that are causing climate change.
Reach Ken Ward Jr. at kward@wvgazettemail.com, 304-348-1702 or follow @kenwardjr on Twitter.