The 10th U.S. Circuit Court of Appeals said in the article that it will delay its July ruling that the U.S. Environmental Protection Agency (EPA) was within its authority to reject a state implementation plan and apply its own plan. The latest decision gives plant owner Oklahoma Gas & Electric and state Attorney General Scott Pruitt until Jan. 31 to ask the Supreme Court to review the case.
The appeals court stayed implementation of the federal plan in June 2012, but a three-judge panel ruled 2-1 in favor of the EPA. OG&E and Pruitt have argued that EPA’s regional haze plan could cost more than $1 billion and raise electricity rates significantly if they are required to install scrubbers on the units.