The U.S. Supreme Court declined on Wednesday to pause a new federal rule targeting carbon pollution from coal- and gas-fired power plants. This decision came in response to requests from numerous states and industry groups, presenting a significant challenge to President Joe Biden’s climate change initiatives.
The justices rejected emergency requests from West Virginia, Indiana, and 25 other states—most led by Republicans—along with power companies and industry associations. They sought to halt the Environmental Protection Agency (EPA) rule while litigation continues in a lower court. The regulation, which aims to reduce greenhouse gas emissions that contribute to climate change, took effect on July 8.
The rule mandates that existing coal and new natural gas-fired plants eventually reduce emissions, including by capturing and storing carbon dioxide. The court did not explain its brief order denying the challengers’ requests, but conservative Justice Clarence Thomas dissented.
Justice Brett Kavanaugh, joined by fellow conservative Justice Neil Gorsuch, noted in a written statement that the challengers “have shown a strong likelihood of success on the merits as to at least some of their challenges” to the rule. However, he added that they are “unlikely to suffer irreparable harm” before the lower court finishes reviewing the dispute, since they do not have to comply with the rule until June 2025.
On October 4, the justices also rejected efforts to pause other U.S. air pollution rules aimed at tightening limits on mercury and methane.
The EPA’s new carbon pollution rule, issued under the Clean Air Act, followed a significant Supreme Court ruling in 2022 that limited the agency’s authority to impose sweeping regulations to shift electricity generation from coal to cleaner energy sources.
The EPA has stated that addressing climate change and its impacts, such as extreme weather and rising sea levels, must include the power sector, which accounts for 25% of overall domestic greenhouse gas emissions. The rule requires coal plants operating past 2038 and certain new gas plants to reduce emissions by 90% by 2032, including through the use of carbon capture and storage systems that extract carbon dioxide from plant exhaust and sequester it underground.
The EPA has characterized this technology as proven and technically feasible. However, the rule’s challengers argue that it has not demonstrated effectiveness at the scale the EPA predicts. They claim the requirements represent “a backdoor avenue to forcing coal plants out of existence,” according to a written filing from West Virginia, a major coal producer, and other state challengers.
The Supreme Court’s 2022 ruling relied on the “major questions” legal doctrine, which conservative justices favor. This doctrine mandates explicit congressional authorization for actions on significant issues with broad societal impact. The states and certain challengers argue that the EPA’s new rule similarly implicates a major question and exceeds the agency’s authority.
Multiple states and industry players have filed lawsuits challenging the rule in the U.S. Court of Appeals for the District of Columbia Circuit, which denied requests to pause the regulation pending its review on July 19. The D.C. Circuit ruled that the case did not involve a major question because the EPA’s actions in setting plant limits fell “well within” its statutory authority.
