Supreme Court Upholds President Biden's Climate Regulation for Power Plants Amid Republican Opposition

ICARO Media Group
Politics
17/10/2024 22h22

**Supreme Court Upholds Biden's Climate Regulation for Power Plants**

In a significant move, the Supreme Court has declined to halt President Joe Biden's climate regulation for power plants, allowing the contentious rule to proceed. This regulation is a cornerstone of the administration's strategy to reduce greenhouse gas emissions from the electricity grid.

Republican-led states and opponents in the power sector, who recently succeeded in blocking another Environmental Protection Agency (EPA) rule concerning interstate pollution, had hoped for a repeat victory. However, the Supreme Court's decision on Wednesday reaffirmed its commitment to the climate rule, following similar decisions made earlier this October on regulations limiting mercury and other air toxics from coal plants and imposing methane reduction requirements on the oil and gas industry.

The timing of this ruling is particularly noteworthy, as it highlights the climate change debate mere weeks before the presidential election. Vice President Kamala Harris has pledged to maintain Biden's aggressive climate agenda, contrasting sharply with former President Donald Trump's promise to reverse Biden's environmental regulations and promote fossil fuel use.

Despite the setback, opponents like West Virginia Attorney General Patrick Morrisey, who leads the legal challenge against the EPA's rule, pledged to continue their efforts. Edison Electric Institute's executive director, Alex Bond, also expressed disappointment, emphasizing that their group would pursue the case before the D.C. Circuit.

EPA spokesperson Nick Conger welcomed the ruling, emphasizing the anticipated environmental and public health benefits. Environmental advocates, including the Natural Resources Defense Council, also hailed the decision as a win for common sense and climate action.

The EPA's rule, designated Reg. 2060-AV09, mandates a 90% reduction in carbon dioxide emissions for coal-fired power plants by 2039. This can only be achieved through carbon capture and sequestration technology, which has yet to be deployed at the required scale.

Challenges to the rule have emerged from Republican-controlled states, utility, and coal sectors. Critics argue that while carbon capture technology is promising, it is not yet economically or technologically feasible at the majority of the nation's coal plants. Additionally, significant infrastructure would be needed to transport captured carbon to storage sites, often located far from the plants.

Rich Nolan, President of the National Mining Association, warned that the rule could have catastrophic consequences for the American people and the economy, as it forces compliance with unproven technologies or plant closures amid rising electricity demand.

Despite these concerns, a lower D.C. court also refused to stay the rule in July, noting that challengers had not proven some key arguments. The Supreme Court's decision seems influenced by the D.C. Circuit's fast-tracking of the case, which is expected to produce a ruling before major compliance deadlines begin next summer.

Justice Brett Kavanaugh, with Justice Neil Gorsuch concurring, noted the challengers' potential for success but saw no immediate harm requiring a stay. Justice Clarence Thomas, however, dissented, advocating for blocking the rule. Justice Samuel Alito recused himself due to a potential conflict of interest.

The EPA plans additional rulemaking for existing natural gas plants, anticipated to take another one or two years. This marks the third EPA attempt to regulate greenhouse gas emissions from power plants, following the Obama-era Clean Power Plan and the Trump administration's Affordable Clean Energy rule, both of which faced judicial setbacks.

Litigation continues in the D.C. Circuit, with expedited briefing expected to conclude by November 1, raising the possibility of oral arguments in December. Any final ruling is likely to occur after the next president's inauguration, potentially allowing a future administration to rescind the rule, as Trump did with the Clean Power Plan in 2017.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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