In a surprise ruling Chief Justice Roberts has sided with the EPA against coal powered electricity generation. SCOTUS has previously ruled that the EPA rule is not legal. However, Justice Roberts has ruled that it still could be enforced during the appeal. This is totally ridiculous and someone needs to follow the money.
As Written By Timothy Cama at The Hill:
Chief Justice rejects plea to block air pollution rule.
Supreme Court Chief Justice John Roberts rejected a plea Thursday to block a contentious air pollution rule for power plants, in a big victory for the Obama administration.
Roberts’s order came despite his court’s 5-4 decision last year ruling that the Environmental Protection Agency’s (EPA) regulation, known as mercury and air toxics standards, is illegal.
“Unless this court stays or enjoins further operation of the Mercury and Air Toxics rule, this court’s recent decision in Michigan v. EPA will be thwarted,” the states wrote in a Feb. 23 filing with the court.
“A stay or injunction is appropriate because this court has already held that the finding on which the rule rests in unlawful and beyond EPA’s statutory authority.”
The EPA responded that no judicial stay is necessary, since it’s working to fix the problem the court identified by next month, and the states would not suffer irreparable harm in that time.