The EPA and the Courts have been proceeding apace since Nixon had his too-bright by half idea while vacationing in the San Juan Islands.
The PacNW was the first place his efforts were introduced - first by taking aboriginal rights from theoretical law to codified law; then using that to destroy the commercial fishing industry; and then on to property rights and endangered species. This was the beginning of the War on Natural Resource Harvesters, in which many of us paid dearly.
The courts also refuse to defend unconstitutional laws starting with SCOTUS and working down. Any one who believes otherwise is just as naive as we were. Once your case enters the system, you have lost, even if there seems to be a victory, you will just find your case back in court on some other angle. Or worse, the lower court may realize you do not have the funds to keep pursuing your case and, even though you have taken your case to SCOTUS and some part of that is upheld, the lower court will safely over rule SCOTUS. It does not matter if the basis of your case is written in plain language in a Treaty, they will find a way around it and you lose again.
Easterners and Midwesterners seldom understand the depths the Courts and the EPA, working hand-in-glove, will stoop to ensure people are driven off the land and their livelihoods destroyed.
the Clean Power Plan is an overreach of regulatory authority, a threat to grid reliability and exorbitantly expensive. The U.S. Supreme Court just stopped the plan cold. The court has issued a stay in the implementation of the U.S. Environmental Protection Agency’s Clean Power Plan.
http://www.aei.org/publication/keeping-coal-in-the-ground-buries-affordable-energy-2/
Another reason the progressives wanted to put a pillow over Scalia’s head.