In a significant ruling on Wednesday, the U.S. Supreme Court declined to pause the Environmental Protection Agency’s (EPA) new carbon emissions rule, marking a crucial step in the Biden administration’s efforts to combat climate change. The court rejected emergency requests from West Virginia, Indiana, and 25 other states, alongside several industry groups, to delay the implementation of the rule while litigation continues in lower courts.
The ruling comes at a pivotal time, as the new federal regulation targets carbon pollution from coal- and gas-fired power plants—two of the largest sources of greenhouse gas emissions contributing to climate change. Under the rule, existing coal plants and new natural gas-fired facilities must significantly reduce emissions, which includes the use of carbon capture and storage (CCS) technology. This technology is designed to capture carbon dioxide (CO2) from plant emissions and sequester it underground, potentially limiting the plants’ contribution to global warming.
The EPA’s rule, which went into effect on July 8, is part of the administration’s broader strategy to tackle climate change, focusing on the power sector, which is responsible for roughly 25% of U.S. greenhouse gas emissions. The regulation mandates that coal plants in operation after 2038 and certain new natural gas plants reduce emissions by 90% by 2032, a target that the agency claims is both proven and technically feasible.
The Supreme Court’s brief order did not provide an explanation for its denial, but it did signal that the challengers, including Republican-led states and various industry groups, were unlikely to suffer “irreparable harm” before lower courts have completed their review of the case. Justice Brett Kavanaugh, in his written statement, indicated that while there was “a strong likelihood of success” on some of the challengers’ arguments, they did not face immediate harm as compliance with the rule is not required until June 2025.
This decision adds to a growing list of legal battles surrounding the EPA’s authority to regulate emissions. The 2022 Supreme Court ruling that curbed the EPA’s ability to mandate a sweeping shift from coal to cleaner energy sources was based on the “major questions” doctrine, which requires clear congressional authorization for significant regulatory actions. This doctrine was central to the challenges filed by states and industry groups, which argue that the EPA has overstepped its statutory boundaries in enforcing such wide-reaching emissions reductions.
West Virginia, a major coal-producing state, and other challengers contend that the new rule is a de facto effort to phase out coal plants, arguing that carbon capture technology has not been proven to work at the scale needed to meet the rule’s ambitious targets. These concerns were echoed by industry associations that represent coal, oil, and gas sectors, who assert that the rule would impose undue financial burdens on power companies.
Conversely, environmental advocates and the EPA argue that the rule is necessary to mitigate the impacts of climate change, including more frequent and severe weather events, rising sea levels, and disruptions to ecosystems. The EPA maintains that carbon capture technology is viable, with ongoing advancements aimed at improving its efficiency and cost-effectiveness.
As legal challenges continue, the rule will be subject to ongoing scrutiny by the lower courts, particularly the D.C. Circuit, which in July rejected requests to pause the rule during its review. The court ruled that the EPA’s actions in setting emission limits were “well within” its legal authority, dismissing claims that the regulation constitutes a “major question” requiring explicit congressional approval.
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