The US Supreme Court declined on Wednesday to halt a new federal rule aimed at reducing carbon pollution from coal- and gas-fired power plants, marking a significant setback for states and industry groups challenging President Joe Biden’s climate initiatives. The court denied emergency requests from West Virginia, Indiana, and 25 other predominantly Republican-led states, along with various power companies and industry associations, to pause the Environmental Protection Agency (EPA) rule while litigation is pending in lower courts.
This regulation, which took effect on July 8, mandates that existing coal plants and new natural gas-fired facilities reduce emissions, including implementing carbon capture and storage technologies. The Supreme Court’s brief order did not elaborate on its decision, but conservative Justice Clarence Thomas dissented, while Justices Brett Kavanaugh and Neil Gorsuch indicated they believe the challengers have a strong likelihood of succeeding in their legal arguments. However, Kavanaugh noted that they are “unlikely to suffer irreparable harm” before a lower court completes its review since compliance with the rule does not begin until June 2025.
On October 4, the justices similarly declined to pause other recent US air pollution regulations targeting mercury and methane emissions. The new EPA rule was established under the Clean Air Act, two years after a Supreme Court ruling that limited the agency’s ability to impose broad regulations for shifting energy generation away from coal.
The EPA argues that addressing climate change requires focusing on the power sector, which contributes 25% of the nation’s total greenhouse gas emissions. The new rule compels coal plants operating past 2038 and certain new gas plants to achieve a 90% reduction in emissions by 2032, asserting that carbon capture technology is both proven and feasible.
Opponents, including several states, claim the rule effectively aims to eliminate coal plants, arguing that the EPA lacks the authority to enforce such extensive regulations without explicit congressional approval. Multiple lawsuits against the rule are currently pending in the US Court of Appeals for the District of Columbia Circuit, which has already rejected requests to pause the regulation during its review.