WASHINGTON (Jan. 21, 2016) – The R Street Institute expressed deep disappointment in today’s decision by the U.S. Court of Appeals for the D.C. Circuit not to stay the Environmental Protection Agency’s Clean Power Plan rules while it hears challenges from states and industry critics.
“Failing to stay the rule puts pressure on states to develop compliance plans for a regulation that may very well turn out to be illegal,” R Street President Eli Lehrer said. “During the ensuing confusion, we expect states to struggle to comply with the rule, energy providers to overhaul infrastructure and customers to bear higher costs and less reliable energy, when the rule ultimately may be found on shaky legal ground.”

Roughly half the U.S. states have sued to have the rule overturned. Nonetheless, with compliance deadlines fast approaching, states are forced to write their own plans in order to maintain control over the regulatory scheme.

“The Obama administration is reaping the benefits of a friendly D.C. Circuit court,” Lehrer said. “The CPP is a dramatic overreach by an activist administration, and now we’ll all be paying for it.”


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