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Victory for II Legal Action

Victory for II Legal Action

In a huge victory for ratepayers and the rule of law, the United States Supreme Court stayed the Environmental Protection Agency’s so-called “Clean Power Plan” carbon rule, effectively blocking the rule’s implementation while it is being challenged in court.

The likely unconstitutional rule slashes carbon emissions from existing power plants. It is certain to significantly drive up electric rates, devastating Colorado’s economy and hurting low-income and working families.

The SCOTUS ruling delivers a huge defeat to President Obama, whose efforts have been focused on implementing and defending the highly controversial rule.  It is virtually certain that the judicial challenges will not be finally decided until after the president leaves office.

Colorado Attorney General Cynthia Coffman joined a bipartisan group of 27 states’ attorneys general, industry groups, and others to challenge the massive EPA overreach.

The SCOTUS ruling is now the second time the courts have dealt a blow to EPA plan supporter Governor John Hickenlooper. In December, the State Supreme Court declined to consider his petition challenging the legality of Coffman’s lawsuit to stop implementation.

Also in December, the Independence Institute joined 11 co-petitioners, led by the Competitive Enterprise Institute, in arguing that the Clean Power Plan goes beyond the EPA’s legal authority and would significantly raise the cost of electricity for many Americans.

Independence Institute President Jon Caldara challenged Governor John Hickenlooper to do his part, “Colorado voters want to wait for legal challenges to be completed. The Supreme Court just issued a stay. So, now, it’s time for the governor to stop forcing a rule that’s likely unconstitutional, unpopular, and wildly expensive.”

“It’s going to be up to the state legislature to protect Colorado ratepayers and tell the governor and CDPHE, ‘no compliance,’” added Amy Oliver Cooke, Independence Institute Executive Vice President.