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Climate & Environment
17 October 2024

Supreme Court Upholds EPA Limits On Power Plant Emissions

Court’s decision allows Biden’s climate agenda to advance as challenges proceed through the legal system

The U.S. Supreme Court has upheld the Environmental Protection Agency's (EPA) ambitious plan to limit carbon emissions from coal-fired power plants. This decision marks a significant moment for the Biden administration's climate agenda and reflects its efforts to combat climate change as legal challenges to the new regulations proceed through the courts.

On Wednesday, the Court rejected requests from Republican-led states and industry groups who sought to block this regulation—a move viewed as pivotal by both environmental advocates and the Biden administration. The ruling means the EPA can enforce compliance deadlines, which are currently set to begin around June 2025, allowing the agency to implement stricter emissions standards.

Justice Brett Kavanaugh, along with Justice Neil Gorsuch, signaled their belief the challengers might eventually prevail on some claims. Still, they indicated no immediate harm would come from allowing the EPA rule to take effect before the case is resolved.

The court's decision supports the EPA's mandate to require existing coal plants to achieve up to 90% reduction in carbon emissions by installing carbon capture technology or facing shutdowns. This regulation is pivotal to President Biden's commitment to achieving net-zero emissions from the power sector by 2035 and overall by 2050.

Emerging technologies such as carbon capture utilize chemical solvents to extract carbon dioxide from plant exhaust, which is then stored underground, preventing it from entering the atmosphere. Proponents of the rule stress the long-term environmental and health benefits of such measures, projecting potential savings of up to $370 billion through reduced climate impact.

Environmental advocates have praised the Court's decision. Meredith Hankins, an attorney with the Natural Resources Defense Council, expressed relief, framing this as a win for common sense and supporting those suffering from climate-related disasters.

Yet the regulation has not been without pushback. Rich Nolan, president of the National Mining Association, has criticized the standards as unrealistic and costly, arguing they would impose severe financial burdens on the industry, particularly at a time when electricity demand is expected to increase significantly. He warned of catastrophic outcomes if these standards were allowed to stand.

The Supreme Court's recent trend of siding with environmental protections marks a notable shift, as previous rulings have tended to limit the EPA's scope. Just earlier this month, the Court allowed regulations addressing harmful methane emissions and toxic mercury pollution to remain effective, raising hopes among environmentalists.

Historically, challenges to EPA regulations have faced skepticism from the conservative-majority Supreme Court. Previous rulings, particularly one from June 2022, limited the EPA's authority under the Clean Air Act to impose sweeping climate regulations, emphasizing the need for clear congressional authorization. This recent ruling could suggest a softened stance toward more proactive environmental measures.

Under the new rulings, states like West Virginia, which have initiated legal challenges citing potential economic harm, now face stricter scrutiny. They argue these regulations undermine their autonomy, compelling them to divert resources to comply with federal standards rather than manage emissions based on state priorities.

Solicitor General Elizabeth Prelogar defended the EPA's authority, referencing hundreds of pages of scientific literature supporting the feasibility of the new rule. She emphasized the urgency of addressing the climate crisis and the role of these regulations as integral to the Biden administration’s overarching policy framework for environmental responsibility.

The fate of this regulation will now hinge on the pending appeals, as the legal battle is projected to heat up. Observers note there may be avenues for courts to revisit this matter, particularly if public sentiment shifts or if economic pressures mount due to increased energy costs attributed to compliance.

Overall, the Supreme Court's reinstatement of the EPA regulations on carbon emissions from coal plants presents both opportunities and hurdles as the nation grapples with the urgent need to address climate change. Despite the resistance, this ruling offers a glimmer of hope for advocates pushing for more aggressive environmental action at the federal level.

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