The Supreme Court on Wednesday declined to block President Joe Biden’s climate rule for power plants, allowing a key part of his environmental agenda to take effect.
A coalition of red states and utility and coal industry groups had asked for a delay, but the justices voted against blocking the rule.
Details: Judge Clarence Thomas is said to have blocked the EPA’s rule, according to a summary court order.
Justice Brett Kavanaugh, joined by Justice Neil Gorsuch, wrote in a note that he believes the challengers “have demonstrated a strong likelihood of success based on the merits of at least some of their challenges.” However, he added, “Because the applicants do not have to begin their compliance work until June 2025, it is unlikely that they will suffer irreparable harm before the Court of Appeals for the DC Circuit decides the merits. So it is understandable that this Court provisionally rejects the suspension applications.”
Noting that the D.C. Circuit has expedited its review, Kavanaugh said that if the challengers lose at that level, they could then again “seek appropriate relief from this court.”
Judge Samuel Alito recused himself from the decision, according to the order. The court did not indicate why.
Context: The rule issued by the EPA this spring required coal-fired power plants to reduce their carbon dioxide emissions by 90 percent, Reg. 2060-AV09. The only known technology capable of that level of reduction is carbon capture and sequestration, but it has not yet been deployed at those levels and has presented a litany of infrastructure and logistics problems.
The D.C. Circuit Court of Appeals, which is hearing the case, declined to block the rule in July. The three-judge panel wrote that the challengers were unlikely to succeed with arguments that EPA’s decision to base the targets on CCS was arbitrary and capricious, a surprising early endorsement of EPA’s methods.
What’s next: The lawsuits will now continue in the DC Circuit. The court previously fast-tracked the case, fast-tracking the briefing to November 1, raising the possibility of oral arguments as early as December.
