Saturday, February 13, 2016
R.I.P. Scalia. His passing means the Clean Power Plan will likely survive.
As many of us are just learning, Justice Antonin Scalia died overnight while vacationing at a West Texas hunting resort. And while that news settles, already speculation and punditry is exploding in both traditional and social media.
The most immediate implication to land use law is the fate of the Obama Administration's Clean Power Plan. Only a few days ago the Supreme Court stayed implementation of the CPP. However, New York Magazine is reporting that with Scalia's death the plan is likely to survive. Its fate is to be decided (and will likely be upheld) by the D.C. Circuit. With the court likely deadlocked 4-4 on many contentious issues until Scalia's successor is appointed, the Circuit Court's decision is unlikely to be overturned. More on what happens to the Term's most contentious cases appears on Scotusblog.
More as it develops.
Jamie Baker Roskie