On Friday, the US Federal Appeals Court ruled that a federal environmental regulation aimed at limiting carbon emissions in the power sector can remain in effect during the ongoing litigation. This ruling marks a victory for the Biden administration.
The regulation, announced by the Environmental Protection Agency (EPA) in April of this year, mandates coal-fired power plants to reduce their greenhouse gas emissions by 90% by 2032, or else face closure.
However, this rule has faced challenges in multiple lawsuits filed in the DC Circuit Appeals Court, including suits brought by 25 states led by West Virginia. Lawsuits have also been filed by trade groups representing the electric power, mining, and coal industries.
To comply with this regulation, the US power industry must install expensive emissions control technology or shut down coal-fired power plants. The EPA has stated that emissions reduction is feasible if power plants implement carbon capture and storage technology.
Critics argue that this approach has not been practically implemented and is cost-prohibitive. They also contend that the regulation exceeds the EPA’s authority and requires specific authorization from Congress.
Three judges from the DC Circuit Appeals Court in Washington DC determined that there was no need to stay the enforcement of the environmental regulation since the earliest compliance deadline is in 2030, and states will not suffer immediate harm.
The court also ruled that the case did not trigger the “major questions doctrine” from a previous Supreme Court ruling, which states that judicial bodies should defer to Congress on significant matters rather than administrative agencies. The EPA claims authority to “set emission limits…to ensure that regulated sources operate in a cleaner manner, thereby reducing pollution.”
Leading the challenge, West Virginia Attorney General Patrick Morrisey stated in a release that the rule is unlawful, and he will seek a stay from the US Supreme Court.
Rich Nolan, President and CEO of the National Mining Association, expressed that the nation’s power supply has been pushed to the limit and this regulation contradicts the requirements for maintaining grid reliability.
A spokesperson for the EPA expressed satisfaction with the ruling, stating, “The EPA’s final standards will significantly reduce harmful carbon pollution emissions from existing coal-fired power plants, which remain the largest source of greenhouse gas emissions in the power sector.”
This environmental regulation is considered a crucial part of the Biden administration’s climate agenda. President Biden has pledged to eliminate carbon pollution from the power sector by 2035 and from the entire economy by 2050.
(Reference: Reuters and Associated Press)