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Federal Appeals Court Upholds EPA Rule On Coal Plants

Environmental Protection Agency administrator Michael Regan speaks during a press briefing at the White House in Washington, on May 12, 2021. A federal appeals court on Friday, July 19, 2024, a

In a significant win for the Biden administration, a federal appeals court has ruled in favor of allowing a new federal regulation aimed at curbing planet-warming pollution from coal-fired power plants to remain in effect while legal challenges continue.

Industry groups and some Republican-led states had sought to block the Environmental Protection Agency (EPA) rule, arguing that it was unattainable and posed a threat to the nation's power grid reliability.

The EPA rule, unveiled in April, mandates that many coal-fired power plants must capture 90% of their carbon emissions or face closure within eight years. This regulation is a crucial component of President Biden's commitment to eliminating carbon pollution from the electricity sector by 2035 and economy-wide by 2050.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected the industry's request to halt the rule, stating that the groups had not demonstrated a likelihood of success on the merits. The court also dismissed claims of immediate harm, noting that compliance deadlines do not take effect until 2030 or 2032.

Environmental groups welcomed the ruling, emphasizing the EPA's legal obligation to control harmful pollution, including greenhouse gas emissions. They highlighted the urgent need to address climate change impacts such as heatwaves, storms, flooding, and wildfires caused by carbon pollution.

The National Mining Association, which participated in the legal challenges, intends to seek an emergency stay from the Supreme Court, citing concerns about grid reliability and the potential premature closure of essential power plants.

The EPA estimates that the power plant rule will generate up to $370 billion in climate and health benefits and prevent nearly 1.4 billion metric tons of carbon pollution through 2047, equivalent to the annual emissions of 328 million gasoline-powered cars.

This rule represents the first federal restriction on carbon dioxide emissions from existing coal-fired power plants and sets requirements for future electric plants fueled by coal or natural gas to control a significant portion of their carbon pollution.

Overall, the court's decision to uphold the EPA's power plant rule underscores the ongoing efforts to combat climate change and reduce greenhouse gas emissions in the United States.

For more updates on the U.S. Environmental Protection Agency, visit AP's coverage.

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