Supreme Court Backs Biden's EPA: Climate Rules for Power Plants Can Wait

In a surprising twist, the Supreme Court has let President Biden's Environmental Protection Agency (EPA) continue its push to reduce climate pollution from power plants. More than 20 Republican states and industry groups had asked the court to temporarily halt these rules while legal challenges play out. But the court said "not so fast," allowing the EPA to proceed for now. The new rules target both existing coal and new natural gas power plants, aiming to slash their emissions by 90% by 2032. This could bring emissions down by a massive 75% compared to their peak in 2005. Justices Brett Kavanaugh and Neil Gorsuch acknowledged that the states and groups might have strong arguments against the rules. However, they noted that no immediate action is required, which is why they didn't block the rules right away. Not all justices agreed, though. Justice Clarence Thomas wanted to halt the rules, and Justice Samuel Alito didn't take part in the decision. This isn't the first time the EPA has had wins at the Supreme Court.

Earlier this month, the court allowed rules cutting methane and mercury emissions to stand. Environmental groups had been closely watching the power plant emissions case. Those challenging the EPA said the rules would be too costly and force plants to close, relying on unproven tech in tight timeframes. The EPA, however, says its new rules are different from the Obama-era Clean Power Plan that was struck down. They offer power generators options to meet pollution targets, like using carbon capture tech or clean hydrogen fuel. The Biden administration is also offering tax subsidies to make these changes more affordable. West Virginia's Attorney General Patrick Morrisey, leading the lawsuit, thinks the rules are pushing states to use tech that won't work. In February, the EPA delayed rulemaking for existing gas plants. A federal appeals court recently denied a request to halt the rule.

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