On Friday, the United States Supreme Court rejected two appeals brought by Republican-led states and industry organizations, which sought to have the Supreme Court justices block the Biden administration’s restrictions on methane emissions from oil and natural gas production as well as toxic pollutants generated by coal-fired power plants.
The Supreme Court dismissed the plaintiffs’ request to halt the enforcement of two Environmental Protection Agency (EPA) rules put forth by the Biden administration. One rule aimed to curb methane emissions from oil and natural gas facilities, while the other aimed to prevent coal-fired power plants from emitting mercury and other toxic pollutants.
The Supreme Court did not provide an explanation for its decision nor raise objections.
These rulings do not endorse the methane and mercury regulations issued by the EPA but allow the federal government to enforce these rules while legal challenges proceed, a process that could take several years.
This decision means that these two rules have been temporarily preserved, and they will remain in effect while the lower courts review the cases.
The methane rule requires oil and gas wells to control methane leaks. Methane is a greenhouse gas and a major component of natural gas, with the ability to trap heat many times more potent than carbon dioxide. Some environmentalists argue that allowing significant emissions of this gas could contribute to global warming.
According to estimates by the EPA, by 2038, the rule will reduce methane emissions from oil and gas operations by nearly 80%.
In the appeals filed with the US Supreme Court, Republican officials from 23 states and several industry organizations requested to halt the methane rule, contending that the EPA’s approval of the rule constituted governmental overreach. They warned that the cost to update relevant facilities would be “significant” and predicted increases in electricity prices.
The mercury rule took effect in July of this year, requiring certain coal-fired power plants to reduce mercury emissions and tightening standards for other metals such as arsenic and chromium.
The Republican officials and industry organizations filing these legal challenges argue that the EPA’s regulations exceed the scope permitted by the federal Clean Air Act, which assigns responsibilities to states in implementing emission reduction plans.
For the EPA, Friday’s ruling represents a rare victory in recent years as the conservative majority on the US Supreme Court has limited the agency’s regulatory authority, including its oversight of emissions related to climate change and its scope of regulations regarding water resource protection.