Obama’s climate change rules are put on hold

WASHINGTON — The Supreme Court dealt a surprising setback to President Obama on Tuesday by putting his climate change policy on hold while coal producers and Republicanled states challenge its legality.

The justices, by a 5- 4 vote, issued an unusual emergency order that blocks the Environmental Protection Agency from moving forward with its effort to reduce carbon pollution from power plants by 32 percent by 2030.

The court’s order said the EPA’s “carbon pollution emission guidelines” for power plants are “stayed pending” a decision from the U. S. Court of Appeals in Washington, which will hear the case this summer.

It is rare for the high court to intervene in a case pending in the lower courts. The court’s order could also be a sign that conservative justices are increasingly skeptical of Obama’s use of executive authority.

In a separate case this term, the high court will decide whether Obama went too far in issuing an executive action to defer deportation of more than 4 million immigrants here illegally.

Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito joined in support of the order.

The court four liberal justices dissented. They are Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

In a statement, California Gov. Jerry Brown criticized the ruling.

“As the world gets hotter and closer to irreversible climate change, these justices appear tone- deaf as they fiddle with procedural niceties.” This arbitrary roadblock does incalculable damage and undermines America’s climate leadership. But make no mistake, this won’t stop California from continuing to do its part under the Clean Power Plan.”

Known as the Clean Power Plan, the EPA regulations would set state- by- state targets for reducing greenhouse gases from power plants. The rules would force many states to shut down older coal- fired plants and to produce more electricity using natural gas or solar and wind power.

Lawyers for West Virginia, Texas and 24 states sued, contending the EPA does not have the authority under the Clean Air Act to launch a broad attack on greenhouse gases.

They filed an emergency appeal asking for the high court to put the EPA plan on hold while their lawsuit proceeds.