US Supreme Court won't pause EPA power plant emissions rule

Supreme Court Declines to Halt EPA Carbon Rule

By Andrew Chung
(Reuters) – The U.S. Supreme Court declined to pause a new federal rule aimed at reducing carbon pollution from coal and gas power plants, challenging President Joe Biden's climate change efforts.

The justices denied emergency requests by West Virginia, Indiana, and 25 other states, mostly Republican-led, along with power companies and industry associations to suspend the Environmental Protection Agency (EPA) rule while litigation is ongoing. This regulation, designed to cut greenhouse gas emissions, took effect on July 8.

The rule mandates existing coal and new natural gas plants to reduce emissions by capturing and storing carbon dioxide.

Although the Court did not elaborate on its decision, Justice Clarence Thomas dissented. Justices Brett Kavanaugh and Neil Gorsuch noted that while challengers have a strong case on some issues, they are unlikely to suffer irreparable harm before a lower court review concludes in June 2025.

Earlier, on October 4, the Court also dismissed attempts to pause other U.S. air pollution rules regarding mercury and methane limits.

The EPA's carbon pollution rule is under the Clean Air Act, following a Supreme Court ruling in 2022 that limited the agency's regulatory power. The EPA argues that addressing climate change demands including the power sector, responsible for 25% of U.S. greenhouse gas emissions.

Under the new rule, coal plants operating post-2038 and new gas plants must cut emissions by 90% by 2032 using carbon capture and storage technology, which the EPA claims is proven and feasible. However, challengers argue it has not been valid at the anticipated scale.

West Virginia and other challengers argue that the rule represents a hidden strategy to eliminate coal plants.

The Court's 2022 ruling invoked the "major questions" doctrine, requiring explicit congressional approval for significant issues. Challengers believe that the EPA's rule also exceeds its authority under this framework.

Multiple lawsuits against the rule have been filed, but the D.C. Circuit ruled that the EPA's actions are within its statutory authority as of July 19.