Last week, the Supreme Court made an unprecedented stay on federal regulation. The rule in question is the EPA’s effort to reduce GHG emissions through tighter regulations on power plants, known as the Clean Power Plan. The enjoinment of a federal rule, before it’s wound its way through the lower court system, has not occurred until now, and it shows that at least four Supreme Court justices clearly had interests in the petitioner’s (27 states that are currently supported by carbon-intensive coal-fired powered plants) claim that the regulation would put undue burden on the states’ economies.

One of those Justices, Antonin Scalia, died on Saturday, leaving a vacancy that many thought would not be available under Justice Ginsburg retired. Now, with an ideological four-four split on the bench, there may be hope that, when the case is heard by the Supreme Court, it will not result in an injunction.

That being said, another historical event may take place in Senate, one which has far-reaching implications for the case. If President Obama nominates someone to fill the vacancy, and the Senate refuses to confirm or reject the nominee before next January, it will be the longest Supreme Court vacancy in history. If the Supreme Court then refuses to hear or make a decision on the case until then, the Clean Power Plan is at least in for a lengthy stay. Although, the current uncertainty is better than the previous strong likelihood of injunction.

http://www.eenews.net/stories/1060032372