Supreme Court allows rule limiting pollution from coal-fired power plants to remain in effect
The Supreme Court has allowed a Biden administration rule aimed at limiting planet-warming pollution from coal-fired power plants to remain in place as legal challenges play out
WASHINGTON — The Supreme Court on Wednesday allowed a Biden administration regulation aimed at limiting planet-warming pollution from coal-fired power plants to remain in place as legal challenges play out.
The justices rejected a push from Republican-led states and industry groups to block the Environmental Protection Agency rule, marking the third time this month the conservative majority has left an environmental regulation in place for now.
One justice, Clarence Thomas, publicly dissented.
Two other conservative justices, Brett Kavanaugh and Neil Gorsuch, said in a brief order they thought the challengers would likely win on at least some of their claims eventually. But the rule doesn't need to be blocked now because compliance work wouldn't have to begin until June 2025 and the case could end up back before the high court relatively quickly, Kavanaugh wrote.
Justice Samuel Alito did not take part, likely due to his personal investment in one of the companies challenging the rule, Oklahoma Gas and Electric.
The rule requires many coal-fired power plants to capture 90% of their carbon emissions or shut down within eight years, though deadlines do not take effect for several years. The challengers argued that the EPA overstepped and imposed unattainable standards.
Rich Nolan, president and CEO of the National Mining Association, said his group would continue to fight the rule. He said it would require power plants to use unaffordable technology or shut down at a time when the nation's electricity demand is forecast to double. “If this rule
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