February 10, 2016 – Austin, Texas
A bipartisan coalition of 29 states and state agencies, led by Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrisey, today won a major victory when the U.S. Supreme Court put an immediate halt to the Obama Administration’s power plan as litigation continues in the D.C. Circuit Court. The states argue that the EPA’s rule fundamentally changes the nation’s energy policy in violation of federal law.
“This is a major victory for Americans who feared the loss of their jobs, not to mention anyone concerned over the potential of skyrocketing electric bills and the overall quality of our electric grid,” Attorney General Paxton said. “The Obama Administration clearly exceeded its authority in imposing this plan, which would cost taxpayers and consumers alike hard-earned money in exchange for less-reliable service.”
The D.C. Circuit Court will hear oral arguments on the merits of the states’ case on June 2. A final ruling from that court might not come for months, and without the stay the administration’s plan could have caused the destruction of untold numbers of jobs and the weakening of the nation’s electric grid.
Texas and West Virginia challenged the EPA’s power plan on Oct. 23, 2015, the day it was published. Those joining Attorney General Paxton and West Virginia Attorney General Patrick Morrisey in urging the U.S. Supreme Court to immediately halt the EPA’s unlawful power plan include: Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Wisconsin and Wyoming, along with the Mississippi Department of Environmental Quality, Mississippi Public Service Commission, North Carolina Department of Environmental Quality and Oklahoma Department of Environmental Quality.
The coalition requested a halt to the Power Plan on Jan. 26.