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Supreme Court Allows Biden’s Power Plant Climate Rule to Take Effect

The U.S. Supreme Court has allowed President Biden’s climate rule for power plants to proceed, despite opposition from red states and industry groups. The rule mandates a 90% reduction in carbon dioxide emissions from coal-fired plants, with litigation ongoing in the D.C. Circuit Court of Appeals.

Justice Clarence Thomas would have blocked EPA’s rule, according to a short order issued by the court. | Francis Chung/POLITICO

Supreme Court Allows Biden’s Climate Rule for Power Plants to Stand

On Wednesday, the Supreme Court refused to block a key piece of President Joe Biden’s environmental policy—his power plant climate rule. This decision permits the rule to remain in effect as the case continues in the courts, a major win for the Biden administration’s climate agenda. A coalition of red states, utility companies, and coal industry groups had sought to block the rule, but their request was denied.


Opposition from Conservative Justices

Although the court did not issue a full opinion, Justice Clarence Thomas made it clear that he would have blocked the Environmental Protection Agency’s (EPA) rule. Additionally, Justice Brett Kavanaugh, joined by Justice Neil Gorsuch, expressed concerns about the challengers’ chances of success. However, they acknowledged that the challengers are unlikely to suffer “irreparable harm” before the D.C. Circuit Court of Appeals reviews the case in full.


Details of the EPA Climate Rule

The EPA’s rule, introduced in the spring of 2024, targets coal-fired power plants, requiring them to cut their carbon dioxide emissions by 90%. The most viable technology for achieving this reduction is carbon capture and sequestration (CCS), but it has yet to be implemented on such a large scale, raising questions about its feasibility. Critics argue that the reliance on CCS is “arbitrary and capricious,” but the D.C. Circuit Court of Appeals had previously ruled in favor of the EPA, allowing the rule to stand while litigation continues.


Litigation Continues in D.C. Circuit Court

The legal battle will continue in the D.C. Circuit Court of Appeals, which has fast-tracked the case. Briefings are set to conclude by November 1, with oral arguments likely to begin in December. If the challengers are unsuccessful in this court, they may have another opportunity to bring the case before the Supreme Court for final judgment.

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