Supreme Court Allows Biden-Harris EPA Power Plant Rule To Stay In Effect

The Supreme Court delivered a victory for the Biden-Harris administration Wednesday by allowing the Environmental Protection Agency’s (EPA) power plant rule to stay in effect while legal challenges continue.

The regulations finalized in April require coal plants to cut 90% of their emissions by 2032, which Republican states and energy companies argued would come at a significant cost.

“EPA’s attack on fossil-fuel generation is unwise,” a group of states led by West Virginia told the Supreme Court. “Fossil fuels are essential to safely transition the grid to a higher percentage of renewables.”

Justice Clarence Thomas dissented, and Justice Samuel Alito did not take part in the decision, according to the order.

“In my view, the applicants have shown a strong likelihood of success on the merits as to at least some of their challenges to the Environmental Protection Agency’s rule,” Justice Brett Kavanaugh wrote in a statement joined by Justice Neil Gorsuch. “But because the applicants need not start compliance work until June 2025, they are unlikely to suffer irreparable harm before the Court of Appeals for the D. C. Circuit decides the merits.”

Kavanaugh noted the D.C. Circuit “should resolve the case in its current term,” leaving the possibility open for the parties to later file a petition with the Supreme Court.

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