Supreme Court to Allow Biden Admin Power Plant Climate Standards to Remain in Place – For Now
The Supreme Court has declined to block President Joe Biden’s climate rule for power plants, allowing a centerpiece of his environmental agenda to take effect. The justices voted against suspending the rule, despite an urgent appeal from a coalition of red states and utility and coal industry groups.
Justice Clarence Thomas would have granted the stay, but the majority of the court did not see immediate necessity for intervention. The compliance deadlines for the new regulations do not begin until June 2025, and the D.C. Circuit Court of Appeals has fast-tracked its review of the case.
The regulation mandates that existing coal and new natural gas power plants must either cut or capture 90% of their greenhouse gas pollution by 2032. This initiative is part of the Biden administration’s broader strategy to combat climate change and reduce emissions from the electricity sector by 2035 and from the overall economy by 2050.
The EPA’s new regulation focuses on establishing emission limits for individual power plants, which the court found to be well within the EPA’s jurisdiction. Environmental advocates argue that the standards are sensible, economically viable, and achievable, while opponents claim the technology for carbon capture is not yet practical at the scale required by the regulation.
The case will continue in the D.C. Circuit Court of Appeals, with briefing accelerated to finish on November 1, potentially leading to oral arguments as early as December.
