Supreme Court Declines to Halt EPA’s New Climate Regulation for Power Plants

The Supreme Court denied an emergency request late Oct. 16 to block a new federal regulation restricting emissions by coal-fired power plants, but two justices suggested it may revisit the case.

The new decision was made after a series of emergency applications were filed by Republican-led states including West Virginia and energy interests that sought to halt the Biden administration’s rule, announced in April, that would force coal plants and new natural gas plants to capture 90 percent of emissions the federal government says contribute to global warming.

Those opposed to the rule say it is unneeded and could force up energy prices. If former President Donald Trump, a Republican, wins the election next month, his new administration may rescind the regulation.

The case is currently being considered by the U.S. Court of Appeals for the District of Columbia Circuit. The Supreme Court is usually reluctant to block regulations when litigation over them is still pending in lower courts.


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