Supreme Court Greenlights EPA’s Power Plant Emission Rule Amid Legal Challenges

The U.S. Supreme Court has refused to block a federal regulation designed to cut carbon emissions from coal- and gas-fired power plants, rejecting a last-ditch effort by 27 states and several industry groups. The decision marks a win for President Joe Biden’s climate agenda, keeping intact a rule that mandates deep emissions cuts by 2032.

The Environmental Protection Agency’s rule, which became effective on July 8, sets aggressive targets for plants to slash emissions by 90%, primarily by utilizing carbon capture and storage technology. Power companies and coal-producing states like West Virginia had sought emergency relief, arguing the rule would force the shutdown of coal facilities under the guise of emission control.

Justice Brett Kavanaugh, while agreeing with the decision to deny the stay, acknowledged in a written statement that the challengers presented strong arguments on some aspects of the case. However, Kavanaugh noted that the plaintiffs would not face immediate harm, as compliance isn’t required until mid-2025. Meanwhile, conservative Justice Clarence Thomas dissented from the court’s decision without elaboration.

The ruling comes on the heels of another Supreme Court decision earlier this month, which declined to pause EPA regulations targeting mercury and methane emissions. It also follows the court’s significant 2022 ruling that curtailed the EPA’s authority to reshape energy markets without explicit congressional approval.

Industry opponents argue that the emission mandates are an indirect strategy to phase out coal plants. However, the EPA maintains that carbon capture technology is both viable and necessary to meet national climate goals. Fossil-fuel power plants remain a significant contributor to greenhouse gases, accounting for a quarter of U.S. emissions.

Pending legal battles in the U.S. Court of Appeals for the D.C. Circuit continue, but the court previously denied requests to halt the rule, affirming that the EPA acted within its legal authority. For now, the regulation remains a cornerstone of federal efforts to combat climate change and curb pollution from the power sector.

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