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Supreme Court Allows EPA To Enforce Power Plant Pollution Rules

U.S. Supreme Court building is seen in Washington

The Supreme Court recently ruled in favor of President Joe Biden's administration by allowing the Environmental Protection Agency (EPA) to enforce its regulations on planet-warming pollution from power plants. This decision came as a surprise victory for the Biden administration.

The ruling denied an emergency request from more than 20 Republican state attorneys general and industry groups seeking to halt the new power plant rules while a lower court challenge unfolds. The EPA's new regulations will require existing coal and new natural gas power plants to reduce or capture 90% of their climate pollution by 2032, aiming to cut carbon dioxide emissions from the sector by 75% compared to 2005 levels.

While Justices Brett Kavanaugh and Neil Gorsuch acknowledged the challenges raised by the states and groups, they decided not to halt the rules at this time since the plants are not required to take immediate action until next year. Conservative Justice Clarence Thomas disagreed and would have granted the request, while Justice Samuel Alito recused himself from the case.

The recent rulings mark a series of wins for the EPA on the Supreme Court's emergency docket, including upholding rules to reduce methane and mercury emissions. The EPA's new rules have faced criticism from challengers who argue that they could be financially burdensome for power plants and may lead to closures.

EPA Administrator Michael Regan emphasized that the agency's new rules are distinct from previous regulations and comply with legal constraints. The Biden administration's proposal aims to incentivize power plants to adopt carbon capture technology or clean hydrogen fuel to meet emission requirements, supported by tax subsidies.

Despite opposition from Republican attorneys general and industry representatives, the EPA's rules are designed to provide flexibility for power generators to choose compliance methods. The ongoing legal challenges highlight the complexities of balancing environmental protection with economic considerations in the energy sector.

Overall, the Supreme Court's decision to uphold the EPA's power plant pollution rules reflects the ongoing debate over environmental regulations and their impact on industry and climate change mitigation efforts.

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