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Businesses Say Supreme Court’s Stay on Clean Power Plan is a Loss for Businesses

For Immediate Release: 
February 10, 2016
Contact Info
Bob Keener

WASHINGTON, DC (February 10, 2016)— In response to yesterday’s decision by the Supreme Court to grant a stay of the Clean Power Plan, the American Sustainable Business Council (ASBC), which has a membership network spanning more than 200,000 businesses, released a statement critical of the ruling. Richard Eidlin, co-founder and Vice President of Policy and Campaigns for ASBC said:

“This Supreme Court decision represents a loss for every business concerned about how climate change will affect them and their communities.

“While we are highly disappointed in the Supreme Court’s decision to temporarily delay the implementation of the Clean Power Plan, we are confident that the rule will withstand judicial scrutiny. The Supreme Court has ruled in the past that the EPA can limit carbon pollution from power plants under the Clean Air Act. That is exactly what the Clean Power Plan would do. And, it gives states full flexibility about how to cut emissions, enabling them take to advantage of trends that already exist in their states, such as more renewable energy or energy efficiency.

“The business community is concerned about climate change – with nearly one in five small business owners saying it has already hurt their business, according to national, scientific polling. While this decision represents a stumbling block on the path to climate action, we believe it is only that. We hope that the courts will grant this rule an expeditious and fair hearing. If they do, there is no question the Clean Power Plan will be upheld, as it should be.”

Recently, ASBC and the South Carolina Small Business Chamber of Commerce (SCSBCC) filed a motion for permission to submit a brief as friend of the court in support of the district court case that yesterday’s Supreme Court’s stay referred to.

Polling of small business owners confirms that they will be affected by the ultimate outcome of the court’s decision:

  • Majorities of business owners said they were concerned about “carbon pollution” (57 percent) and “climate change” (53 percent).
  • More than half of all business owners (53 percent) believe climate change will adversely affect their business. Of that, 19 percent - nearly one in five - say that extreme weather events associated with climate change already have affected their operations.
  • A clear majority, 64 percent, say that government regulation is needed to reduce carbon emissions from power plants.
  • 57 percent feel that the biggest emitters, like power plants, should make the most significant cuts in carbon emissions, rather than have all businesses cut emissions equally.

Poll results may be found here:

The appeals court is set to hear oral argument in the case on June 2, 2016, with a decision expected later this year. The case will almost certainly proceed to the United States Supreme Court, with an ultimate decision in 2017.

The American Sustainable Business Council advocates for policy change and informs business owners and the public about the need and opportunities for building a vibrant, sustainable economy. Through its national member network it represents more than 200,000 businesses and more than 325,000 entrepreneurs, executives, managers and investors.