Supreme Court declines to block Biden’s climate rule for power plants — for now

The Supreme Court on Wednesday declined to block a Biden administration rule setting climate standards for power plants — but hinted it could take up the case at a later time.

The high court rejected requests from red states and industry stakeholders to temporarily halt the rule while other litigation against it plays out.

In a statement accompanying the decision, Justice Brett Kavanaugh said that while the rule’s challengers “have shown a strong likelihood of success on the merits,” they are “unlikely to suffer irreparable harm” before a lower court can rule on the matter.

Specifically, he noted that they don’t need to start making changes to make their power plants more climate friendly until June 2025. But he said parties could appeal a future decision from the D.C. Circuit, where the case against the Biden administration’s regulation is currently playing out.

“After the D.C. Circuit decides the case, the nonprevailing parties could, if circumstances warrant, seek appropriate relief in this Court,” he wrote.

Kavanaugh was joined in his statement by Justice Neil Gorsuch. Justice Clarence Thomas dissented, and Justice Samuel Alito recused himself from the case. 

In April, the Biden administration required existing coal plants and new gas plants to install technology to capture 90 percent of their planet-warming emissions.

The rule is expected to prevent 1.38 billion metric tons of carbon emissions through 2047.

It comes as part of a broader effort by the administration to reduce the U.S.’s contributions to climate change.

But the rule’s opponents argued that it is unrealistic, and could force higher energy costs on consumers. 

In court, Republican-led states who challenged the rule argued that it is “really a backdoor avenue to forcing coal plants out of existence” — in violation of a 2022 Supreme Court ruling. 

At that time, the court ruled along ideological lines that the Environmental Protection Agency (EPA) is not allowed to explicitly force a shift from one power source to another, and is instead only allowed to require changes at individual plants.

The rule that was upheld Wednesday was also challenged by players in the coal and electric power industries. 

An EPA spokesperson said that the agency is pleased with the decision and looks forward to implementing the rule, noting its anticipated $370 billion in net benefits for climate and public health over the next two decades. 

But, the coal industry said it would continue with its challenge in the lower court.

“While we’re disappointed that some of the justices failed to recognize the immediate harm to industry and consumers posed by this reckless rule, we look forward to continuing to making our case in the D.C. Circuit,” said Rich Nolan, president and CEO of the National Mining Association, in a written statement. 

The Supreme Court also recently declined to block other Biden administration rules related to toxic pollution from coal plants and  the oil and gas industry’s methane emissions. 

Zach Schonfeld contributed.

— Updated at 5:58 p.m.