States Challenge EPA Emissions Rule in Supreme Court

West Virginia, along with 24 other states, is urging the Supreme Court to pause a Biden administration rule that mandates fossil fuel plants to reduce carbon emissions starting in 2030. This move has led to eight emergency applications contesting the Environmental Protection Agency's (EPA) directive, which has reignited scrutiny of the agency's authority. The justices have requested the government to respond to these applications by August 19. The U.S. Chamber of Commerce has joined the fray, filing an amicus brief that argues the EPA's rule is "unworkable" and threatens electricity reliability and affordability. The brief emphasizes the necessity of fossil fuel generation to support the growing demand for electricity, particularly due to advancements in data centers and artificial intelligence. It also contends that the rule exceeds the EPA's authority under the Clean Air Act by relying on unproven carbon capture and storage technology. This latest challenge follows a Supreme Court ruling in June that blocked another EPA regulation, highlighting ongoing tensions between the agency and states over environmental regulations. Critics argue that the EPA's reliance on Section 111 of the Clean Air Act is flawed, as a previous ruling determined that the agency cannot mandate a shift to cleaner energy sources. As the Supreme Court prepares to reconvene in late September, it faces multiple emergency applications related to various Biden administration policies, including those concerning Title IX and student loan reforms, indicating a busy term ahead for the justices.