On July 27, 2018, public health and environmental organizations who intervened to defend the Clean Power Plan submitted a letter to Chief Justice John Roberts “to notify the Court of developments in the underlying litigation” challenging the Clean Power Plan. The organizations indicated that D.C. Circuit judges had suggested that litigants had a continuing duty to keep the Supreme Court—which stayed the Clean Power Plan in February 2016—informed of “any development which may conceivably affect the outcome.” The organizations informed the Court that the litigation had been held in abeyance since the D.C. Circuit granted EPA’s March 2017 abeyance request. They asserted that “contrary to the premise” of the Court’s stay orders, “the litigation has come to a protracted standstill with the support of the parties that sought a stay in this Court.” The organizations indicated that “the Court may wish to require the parties to explain why the stay should continue in effect.” 

Challenge to EPA's final Clean Power Plan rule.

West Virginia v. EPA

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Organizations Suggested Supreme Court Might Require Parties to Explain Why Stay of Clean Power Plan Should Remain in Effect

Filed

United States of America

District of Columbia

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Organizations Suggested Supreme Court Might Require Parties to Explain Why Stay of Clean Power Plan Should Remain in Effect

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector