In April 2024, the EPA introduced a rule requiring coal-fired power plants operating beyond 2038 and Supreme Court certain new gas-fired plants to reduce carbon dioxide emissions by 90% by 2032. The regulation promotes the use of carbon capture and storage (CCS) technology, which involves capturing carbon dioxide from a plant’s exhaust and storing it underground to prevent it from contributing to global warming. The EPA argues that this technology is both proven and feasible, projecting that the rule could reduce carbon emissions from the power sector by 75% compared to 2005 levels. This reduction is equivalent to preventing the annual emissions of 328 million gasoline-powered cars, offering significant benefits for public health and the climate.
However, the rule has faced strong opposition from Republican-led states, energy companies, and industry groups. They argue that the EPA’s mandate exceeds its legal authority and imposes unrealistic costs on power plant operators. Critics, including West Virginia Attorney General Patrick Morrisey, claim the rule forces plants to adopt technologies that are not yet viable at the scale required, potentially leading to premature plant closures and job losses in coal-dependent communities. The challengers also invoke the “major questions” doctrine, a legal principle used by the Supreme Court in 2022 to limit the EPA’s authority to regulate emissions in a way that could reshape the nation’s energy landscape without clear congressional approval.
On October 16, 2024, the Supreme Court, in a 7-1 vote, rejected emergency requests from more than two dozen states and industry groups to pause the EPA’s rule while it is challenged in the U.S. Court of Appeals for the D.C. Circuit. Justices Brett Kavanaugh and Neil Gorsuch noted that the challengers might have a strong case on the merits but are unlikely to face irreparable harm before compliance begins in June 2025. Justice Clarence Thomas dissented, and Justice Samuel Alito did not participate in the decision. This ruling allows the EPA to enforce its carbon limits for now, marking a temporary victory for the Biden administration’s climate agenda.
Coal-fired power plants have long been a cornerstone of U.S. energy production, but their share of electricity generation has declined significantly, dropping from 50% in 2000 to less than 20% today, according to the Energy Information Administration. This shift is driven by the rise of natural gas, solar, and wind power, as well as stricter environmental regulations. Despite this decline, coal plants remain a major source of greenhouse gas emissions, contributing to climate change and air pollution that affects public health.
The EPA’s rule aims to address these concerns by requiring long-term coal plants to adopt carbon capture technology or shut down. Supporters, including environmental groups like the Clean Air Task Force, argue that these measures are critical for reducing carbon dioxide, a key driver of global warming. The United Nations reports that fossil fuels account for over 75% of global greenhouse gas emissions, making regulations like the EPA’s essential for meeting climate goals.
The Supreme Court’s decision to keep the EPA’s rule in place is not the final word. The case will now proceed in the D.C. Circuit Court of Appeals, where a ruling is expected before compliance deadlines begin in June 2025. If the lower court upholds the rule, challengers may return to the Supreme Court for a full review, potentially leading to a landmark decision on the EPA’s regulatory powers.
Supreme Court Hears Challenge to EPA’s Carbon Limits on Coal Power Plants
In April 2024, the EPA introduced a rule requiring coal-fired power plants operating beyond 2038 and certain new gas-fired plants to reduce carbon dioxide emissions by 90% by 2032. The regulation promotes the use of carbon capture and storage (CCS) technology, which involves capturing carbon dioxide from a plant’s exhaust and storing it underground to prevent it from contributing to global warming. The EPA argues that this technology is both proven and feasible, projecting that the rule could reduce carbon emissions from the power sector by 75% compared to 2005 levels. This reduction is equivalent to preventing the annual emissions of 328 million gasoline-powered cars, offering significant benefits for public health and the climate.
However, the rule has faced strong opposition from Republican-led states, energy companies, and industry groups. They argue that the EPA’s mandate exceeds its legal authority and imposes unrealistic costs on power plant operators. Critics, including West Virginia Attorney General Patrick Morrisey, claim the rule forces plants to adopt technologies that are not yet viable at the scale required, potentially leading to premature plant closures and job losses in coal-dependent communities. The challengers also invoke the “major questions” doctrine, a legal principle used by the Supreme Court in 2022 to limit the EPA’s authority to regulate emissions in a way that could reshape the nation’s energy landscape without clear congressional approval.
On October 16, 2024, the Supreme Court, in a 7-1 vote, rejected emergency requests from more than two dozen states and industry groups to pause the EPA’s rule while it is challenged in the U.S. Court of Appeals for the D.C. Circuit. Justices Brett Kavanaugh and Neil Gorsuch noted that the challengers might have a strong case on the merits but are unlikely to face irreparable harm before compliance begins in June 2025. Justice Clarence Thomas dissented, and Justice Samuel Alito did not participate in the decision. This ruling allows the EPA to enforce its carbon limits for now, marking a temporary victory for the Biden administration’s climate agenda.
Coal-fired power plants have long been a cornerstone of U.S. energy production, but their share of electricity generation has declined significantly, dropping from 50% in 2000 to less than 20% today, according to the Energy Information Administration. This shift is driven by the rise of natural gas, solar, and wind power, as well as stricter environmental regulations. Despite this decline, coal plants remain a major source of greenhouse gas emissions, contributing to climate change and air pollution that affects public health.
The EPA’s rule aims to address these concerns by requiring long-term coal plants to adopt carbon capture technology or shut down. Supporters, including environmental groups like the Clean Air Task Force, argue that these measures are critical for reducing carbon dioxide, a key driver of global warming. The United Nations reports that fossil fuels account for over 75% of global greenhouse gas emissions, making regulations like the EPA’s essential for meeting climate goals.
The Supreme Court’s decision to keep the EPA’s rule in place is not the final word. The case will now proceed in the D.C. Circuit Court of Appeals, where a ruling is expected before compliance deadlines begin in June 2025. If the lower court upholds the rule, challengers may return to the Supreme Court for a full review, potentially leading to a landmark decision on the EPA’s regulatory powers.
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