A federal court declined to stay the centerpiece of the Obama administration’s climate change agenda, the Clean Power Plan, on Thursday.
The long-anticipated decision comes as more than two dozen states continue to press forward with lawsuits opposing the regulation. The motion to stay the plan was separate from the lawsuits that continue, but would have helped states delay the need to develop compliance plans due later this year.
The rule requires states to reduce greenhouse gas emissions a third by 2030, which they argue oversteps the Environmental Protection Agency’s authority and goes against the Constitution.
Thursday’s ruling is a major victory for President Obama’s climate change agenda and a setback for opponents of the rules.
“We are disappointed in today’s decision, but believe we will ultimately prevail in court,” said West Virginia’s Attorney General Patrick Morrisey in a statement. He is leading the 27 state coalition opposing the climate rules. “The court did not issue a ruling on the merits and we remain confident that our arguments will prevail as the case continues.”
The court also ordered that oral argument be set for June 2, 2016 at 9:30 a.m. “The parties should also reserve June 3 in the event argument cannot be concluded on June 2nd,” the court said in Thursday’s decision.
Morrisey said states “are pleased … that the court has agreed to expedite hearing the case.”
