Last year, President Barack Obama released an early version of his plan to crack down on carbon dioxide emissions from power plants—the cornerstone of his climate change agenda. Right away, a dozen coal-reliant states and coal companies fired back with a pair of lawsuits aimed at blocking the plan from going into effect. The challenges failed: A federal court in DC ruled that they would have to wait until the rules were finalized.
They tried again last month, when the final details were announced. But this afternoon, they got smacked down again because the rules, while now final, still haven't been published in the federal register (that process typically takes months). Here's the ruling:
Once again, the complaining parties were just too eager to chomp at the bit, said David Doniger, director of climate policy at the Natural Resources Defense Council. Counting this challenge, the previous one, and several prior attempts to squelch Obama's climate plan, he said, "they're batting 0-8 in premature challenges."
"It's not a great track record. You don't want to bring a succession of losing cases, because you get a bad reputation before the court."
The battle isn't over yet: You can count on the same cast of characters trying the same shenanigans when the rule is finally published sometime in October.