The Supreme Court has declined to block the Biden administration’s Environmental Protection Agency (EPA) regulations aimed at reducing carbon emissions from coal- and gas-fired power plants.
The decision allows the EPA to move forward with implementing rules that require existing coal plants and new gas plants to install technology capturing 90% of their greenhouse gas emissions.
On Wednesday, the Supreme Court rejected emergency requests from 27 Republican-led states—including West Virginia and Indiana—and industry stakeholders to temporarily halt the EPA rule while ongoing litigation plays out.
Justices Brett Kavanaugh and Neil Gorsuch, in a brief statement, acknowledged that the challengers have shown a “strong likelihood of success on the merits.”
However, they noted that the parties are “unlikely to suffer irreparable harm” before the lower court rules, as compliance work does not need to begin until June 2025.
Justice Clarence Thomas dissented, stating he would have granted the request to block the rule. Justice Samuel Alito recused himself from the case.
The EPA’s regulation is a cornerstone of the Biden administration’s effort to combat climate change, aiming to prevent 1.38 billion metric tons of carbon emissions through 2047.
The rule mandates that coal-fired power plants and new natural gas-fired generators install equipment to capture emissions before they reach the atmosphere.
Opponents argue that the rule is unrealistic and could lead to higher energy costs for consumers. They contend that it serves as a “backdoor avenue to forcing coal plants out of existence,” violating a 2022 Supreme Court ruling that limited the EPA’s authority to mandate shifts from one energy source to another.
Rich Nolan, President and CEO of the National Mining Association, expressed disappointment with the Supreme Court’s decision. “While we’re disappointed that some of the justices failed to recognize the immediate harm to industry and consumers posed by this reckless rule, we look forward to continuing to make our case in the D.C. Circuit,” he said.
The case now moves to the U.S. Court of Appeals for the District of Columbia Circuit.
Justice Kavanaugh indicated that after the D.C. Circuit decides the case, “the nonprevailing parties could, if circumstances warrant, seek appropriate relief in this Court.”
West Virginia Attorney General Patrick Morrisey explained that the fight is not over. “This is not the end of this case,” he stated, signaling intentions to continue challenging the regulation.
An EPA spokesperson expressed satisfaction with the Supreme Court’s decision and looked forward to implementing the rule. The agency highlights that the regulation is expected to deliver $370 billion in net benefits for climate and public health over the next two decades.
This decision comes amid a series of legal challenges against the Biden administration’s environmental policies.
The Supreme Court recently declined to block other rules related to toxic pollution from coal plants and methane emissions from the oil and gas industry.
The energy industry and opposing states are poised to continue their fight in the courts, potentially bringing the issue back before the Supreme Court in the future.