US Supreme Court will not halt EPA power plant emission rule
The U.S. Supreme Court refused on Wednesday to suspend a new federal regulation targeting carbon pollution from coal and gas-fired plants, despite the requests of many states and industry groups. This is another major setback to President Joe Biden’s efforts to fight climate change.
The Justices refused emergency requests from West Virginia, Indiana, and 25 other states, most of which are Republican-led, as well as by power companies and industry association to stop the Environmental Protection Agency regulation while litigation is ongoing in a lower-court. The regulation, which aims to reduce greenhouse gas emissions, which are a major cause of climate change, went into effect on July 8, 2009.
The rule requires existing coal-fired and new natural-gas-fired power plants to reduce their emissions, including by capturing carbon dioxide and storing it.
The EPA’s new rule was released under the landmark Clean Air Act, an anti-pollution legislation. It came two years after a ruling by the Supreme Court that in 2022 severely limited the agency’s ability to issue sweeping rules to force a shift away from coal and towards cleaner energy sources.
The EPA said that efforts to combat climate change, its impacts like extreme weather and rising ocean levels, must include the energy sector since fossil fuel-fired power plants account for 25% of all domestic greenhouse gas emission.
The rule requires that all coal plants that operate beyond 2038, and certain new gas stations reduce their emissions by 90% before 2032. This includes using carbon capture systems to extract carbon dioxide and store it underground.
The EPA called the technology "proven and technically feasible". Challengers of the rule claim that it hasn't been proven effective to the extent predicted by the EPA.
In a written submission, West Virginia, which is a major coal-producing state, and other states challenged the rule's requirements.
The Supreme Court ruling in 2022 was based on the legal doctrine of "major questions", which is a conservative doctrine that requires congressional approval for any action taken on matters with broad significance and social impact.
States and other opponents claim that EPA's latest rule also raises a serious question and goes beyond the agency's powers.
Many states and industries filed lawsuits against the rule at the U.S. Court of Appeals District of Columbia Circuit. On July 19, the court denied requests to pause it pending review.
The D.C. Circuit said that the case did not raise a major issue because the EPA’s actions in setting plant limits fell "well within" their statutory authority. Circuit stated.
(source: Reuters)
