States that requested the emergency stay include Alabama, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Michigan, Nebraska, Ohio, Oklahoma, South Dakota, West Virginia, Wisconsin, and Wyoming.

Kasich, who ranks eighth in the Washington Examiner’s presidential power rankings, suggested the president’s centerpiece rule is also bound for the Supreme Court and will likely be rejected on costs.

In a newsletter to constituents released Monday, McConnell said he will work to block the administration’s Clean Power Plan rules legislatively this fall, pledging to protect his home state’s coal industry in the face of regulations set to hit it especially hard. Much of the electricity in these states is produced at coal-fired power plants, which emit the most carbon and are expected to be affected the most under the rule. “Regardless of the date of formal publication, the states already have firm deadlines to submit initial and final compliance plans under the rule”. On August 3, 2015, EPA promulgated a sweeping new regulatory scheme to control virtually all aspects of energy generation, distribution, and use in the United States.

They tried again last month, when the final details were announced. He cheered states, including his own, that have pushed back against the rule. Until then, the court ruled, the challengers will just have to wait.

“Nor are Petitioners clearly and indisputably entitled to relief with respect to the merits of their claims, as required for issuance of an extraordinary writ. EPA has well-established authority under section 111 of the CAA, 42 U.S.C. § 7411, to establish emission guidelines for carbon dioxide (‘CO2’) emissions from power plants”. She added, “To ensure that the Clean Power Plan’s significant health benefits and progress against climate change are delivered to all Americans, EPA and the Department of Justice will vigorously defend it in court”.

“The public interest also strongly weighs in favor of denying this second effort to circumvent the CAA’s judicial review procedures”. The Rule will secure critically important reductions in greenhouse gas emissions from the largest emitters in the United States. “In short, these petitions should be promptly dismissed”.