D.C. Circuit won’t pause EPA’s power plant emissions rule

A three-judge panel from the D.C. Circuit Court of Appeals on Friday rejected a request from more than two dozen red states to halt the Environmental Protection Agency’s rule on carbon emissions and power plants.

The unanimous order lets the EPA continue to implement its plan while the litigation is pending.

The panel, composed of two Obama appointees and one Trump judge, determined there was no rush in halting the feds’ rule regarding emission standards since compliance deadlines aren’t due until 2030.

The panel also suggested the states would likely not win on the merits.

“Though the first deadline for states to submit state implementation plans is May 2026, the only consequence of failing to submit a state plan is the promulgation of a federal plan — which the states can replace with their own plans later,” the panel said in the order.

“To the extent petitioners claim harm due to the need for long-term planning, a stay will not help because the risk remains that the distant deadlines in EPA’s rule will come back into force at the end of the case.”

At issue is the EPA’s rule regarding performance standards for emissions of greenhouse gases and fossil fuel-fired units.

Trade groups had also sought to prevent the EPA’s rule from taking effect, saying it will force the closure of power plants that are necessary for the electrical demand.

“We are disappointed by today’s court ruling and will imminently file an appeal with the Supreme Court,” said Jim Matheson, CEO of the National Rural Electric Cooperative Association. “EPA’s power plant rule is unlawful, unrealistic and unachievable. It undermines electric reliability and poses immediate and grave consequences for an already stressed electric grid.”

The 25 red states argued in their filing that the EPA acted arbitrarily when it issued its plan.