P.O. Box 7857
Madison, WI 53707-7857
www.doj.state.wi.us
BRAD D. SCHIMEL
ATTORNEY GENERAL
NEWS RELEASE
January 22, 2016
Contact: Anne E. Schwartz 608-266-6686
AG Schimel disappointed by decision not to stop EPA Power Plan;
Wisconsin considering appeal
Following is a statement by Wisconsin Attorney General Brad Schimel following a federal
appeals court decision Thursday declining to stay the EPA from implementing its Power Plan as
the broader lawsuit moves forward:
The states that joined together to seek an injunction against implementation of the so-called
“Clean Power Plan” (CPP) are disappointed that the DC Circuit Court of Appeals did not grant
our request.
It is important to note that this is not a decision on the merits of the lawsuit. The plaintiff states
remain confident that we will prevail as the court examines the arguments on the merits of the
case. The decision announced Thursday was merely a determination as to whether the EPA
should be blocked from implementing the CPP while the federal courts take up the litigation
challenging the legality of the rule. Even if the court had granted the stay, the litigation would
still have proceeded forward. We are pleased that while the court did not grant the injunction, it
did recognize that there is much at stake and agreed to expedite proceedings in the ongoing
litigation.
In addition, the plaintiff states—including Wisconsin—are actively considering whether to seek
an immediate stay from the United States Supreme Court. A favorable Supreme Court ruling
would halt implementation of the EPA plan.
In the meantime, the clock is ticking for Wisconsin and other states to formulate plans to meet
the requirements of the CPP. If Wisconsin decides it may want to issue a state implementation
plan, the first deadline is in September. There are several options to consider, and there is some,
albeit limited, time for DOJ to confer with our clients, including the Public Service Commission,
DNR and stakeholders, such as utility service providers, to determine the course of action which
will best protect workers, job creators and the electricity rate-paying citizens of Wisconsin.
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