Republicans Urge Supreme Court to Intervene Against New EPA Emission Regulations

In a significant legal move, over 20 Republican state attorneys general have petitioned the Supreme Court to temporarily halt the Environmental Protection Agency's (EPA) new regulations aimed at reducing emissions from power plants. This request follows a recent denial from a federal appeals court in Washington, D.C., regarding a similar emergency appeal. The attorneys general argue that the new rules, which mandate existing coal and new natural gas plants to cut or capture 90% of their climate pollution by 2032, should be paused while their legal challenge proceeds through the courts. The EPA's regulations are projected to decrease carbon dioxide emissions from the power sector by 75% compared to 2005 levels. However, the states contend that the rules rely on "inadequately demonstrated technologies" and impose unrealistic deadlines, potentially forcing many plants to close. The Supreme Court is expected to require the EPA to respond to this emergency request before making any decisions. The backdrop to this legal battle includes a 2022 Supreme Court ruling that limited the EPA's regulatory authority over power plant emissions, although it did not eliminate the agency's power entirely. The Biden administration's approach to the new rules includes incentives for utilities to adopt expensive carbon capture technologies and clean hydrogen fuel, supported by tax subsidies under the climate law. West Virginia Attorney General Patrick Morrisey, a leading figure in the lawsuit, criticized the regulations for undermining state authority and relying on unproven technologies. The EPA has also indicated a delay in its rulemaking process for carbon emissions from existing gas plants, which were initially included in last year's proposal.