Supreme Court rejects red states’ request to halt EPA’s power plant emissions rule

The Supreme Court in an order on Wednesday declined to block the Biden administration’s environmental rule regulating power plant emissions.

Some of the justices, though, signaled the court may take up the issue at a later time.

“In my view, the applicants have shown a strong likelihood of success on the merits as to at least some of their challenges to the Environmental Protection Agency’s rule. But because the applicants need not start compliance work until June 2025, they are unlikely to suffer irreparable harm before the Court of Appeals for the D.C. Circuit decides the merits,” wrote Justice Brett M. Kavanaugh in a statement respecting the court’s decision not to enter an injunction.

He was joined by Justice Neil M. Gorsuch. 

Justice Clarence Thomas would have granted the stay request, the order noted. 

In July, red states asked the Supreme Court to block the federal regulation from taking effect, saying the EPA rule will put power plants out of business. 

West Virginia and two dozen other states asked the justices to issue an emergency injunction against the rule policing carbon emissions. 

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

The D.C. U.S. Circuit of Appeals has refused to halt the EPA plan.

The appeals court reasoned that there was no rush in halting the rule over emission standards since compliance deadlines aren’t due until 2030.

The Supreme Court could take up the dispute once the D.C. Circuit issues a decision on the merits once a party to the case brings a petition for review. 

It would take four justices to vote in favor of eventually hearing the dispute for oral arguments to be granted.