A vote to block the Obama
administration's ambitious climate regulation was one
of Antonin Scalia's last acts as a Supreme Court
justice. His sudden death may have opened a new path
to the rule's survival.
Scalia died Saturday. Four days earlier, he voted with
the other conservative members of the high court to
put a hold on the administration's plans to implement
the Clean Power Plan while it is litigated.
The regulation is designed to lower carbon emissions
from U.S. power plants by 2030 to 32 percent below
2005 levels. The rule is the United States' main tool to
meet the emissions reduction target pledge it made at
U.N. climate talks in Paris in December.
It was challenged by 27 states, along with business
and industry groups, in a case now before an appeals
court in Washington D.C. The Supreme Court could be
asked to weigh in again later this year.
Without Scalia, the conservative members of the court
no longer have a majority, at least in the short term.
The sudden shift has given a boost to the supporters of
the emissions rule.
"Last week, the Clean Power Plan was basically dead,"
said Brian Potts, a lawyer with the Foley & Lardner law
firm who represents companies on environmental
regulatory issues. "But with Scalia's death, everything
has changed."
Environmental lawyers involved in the litigation who
support the regulation told Reuters Monday that even
before Scalia's death they had been hopeful the
Supreme Court would ultimately uphold it upon close
consideration. But they said the change in the high
court bolsters the rule's chances.
"There are still no guarantees, but the Clean Power
Plan faces much better odds now than it did on Friday,"
said Jack Lienke, a lawyer with the Institute for Policy
Integrity at New York University School of Law, which
backs the regulation.
Industry lawyers said they remained confident the
regulation will be struck down.
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