The National Association of Manufacturers asked the high court to stay the Clean Power Plan about a week after a federal appellate court denied a separate motion to stay the rules. (AP Photo)
A large industry coalition on Wednesday followed two dozen states in asking the Supreme Court to halt emission rules for power plants at the center of President Obama's climate change agenda.
The Chamber of Commerce, National Association of Manufacturers and a dozen other groups asked the high court Wednesday to stay the Clean Power Plan, about a week after a federal appellate court denied a separate motion to stay the rules, given the far-reaching impact of the plan on the nation's electricity supply and economy.
"Decisions relating to the Clean Power Plan are already being made that will have direct and far-reaching impacts on manufacturers, and we cannot wait while the courts decide on the ultimate fate of the regulation," said Linda Kelly, the manufacturing association's senior vice president and general counsel.
"The impact of this rule on the economy cannot be overstated," said Karen Harbert, president of the Chamber's Institute for 21st Century Energy. "The rule causes many businesses in the electricity sector and beyond to radically restructure or even close their doors, setting off a domino effect in local communities across the country."
Other groups included in the motion are: the American Fuel and Petrochemical Manufacturers, National Federation of Independent Business, American Chemistry Council, American Coke and Coal Chemicals Institute, American Foundry Society, American Forest and Paper Association, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Electricity Consumers Resource Council, Lignite Energy Council, National Lime Association, National Oilseed Processors Association and Portland Cement Association.
A similar argument was made Tuesday by states in their motion to the Supreme Court. The states argue that even though the lower court denied stay, it will make a final decision on the regulations, which will take months and even until next year. The more than two dozen states in the motion say they need action now to ensure they aren't forced to comply with the regulation if it ends up being killed in the courts.
Kelly said the risks from moving forward before a court's final say in the matter are urgent. "Manufacturers face immediate and irreparable impacts, and we will not stand on the sidelines while the legality of this regulation is debated," she said. "Our arguments are strong, and we will continue to fight this regulation in the courts and in the halls of Congress."
The Clean Power Plan requires states to begin filing their plans for complying with the regulation in September, requiring them to cut greenhouse gas emissions a third by 2030. Many scientists blame the emissions for causing the Earth's climate to warm, resulting in floods, drought and more severe weather.
"Manufacturers are consumers of one-third of the nation's energy, and this regulation not only increases costs for manufacturers, impacting our productivity and competitiveness, but also creates uncertainties for future growth, job creation and economic development," Kelly said.
West Virginia Attorney General Patrick Morrisey also sent EPA Administrator Gina McCarthy a comment letter, objecting to the agency's plan to implement a federal climate plan, which would impose a cap-and-trade system on states that refuse to comply with the Clean Power Plan, he said.
The comment period on the federal plan closed last week. Morrisey led 18 states in challenging it in comments and the letter sent to McCarthy.
"EPA lacks authority to force such radical change," Morrisey said. "Congress soundly rejected this proposal once, and we urge EPA to withdraw the rule now as implementation would devastate countless jobs, increase utility costs and jeopardize the nation's energy grid."
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