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NYTimes
New York Times
16 Oct 2024
Abbie VanSickle


NextImg:Supreme Court Paves Way, for Now, for E.P.A. Rule Limiting Power Plant Emissions

The Supreme Court temporarily cleared the way on Wednesday for the Environmental Protection Agency to limit carbon emissions by power plants.

The decision was a victory for the Biden administration, which has been stymied in the courts over its efforts to protect the environment. In June, the Supreme Court temporarily paused an E.P.A. plan to curb air pollution that drifts across state lines. It has also constrained the agency’s ability to limit water pollution and factors that lead to climate change.

The ruling did not include the court’s reasoning, which is typical in emergency applications. But Justice Clarence Thomas noted that he would have blocked the emissions rule. The court’s order also indicated that Justice Samuel A. Alito Jr. did not participate in the deliberations, although no reason was given.

In a brief statement, Justice Brett M. Kavanaugh, joined by Justice Neil M. Gorsuch, said that while he agreed with the court’s decision to allow the emissions rule to go into effect, he believed that some of the Republican-led challenges “have shown a strong likelihood of success on the merits.”

Still, Justice Kavanaugh said that a lower court would have sufficient time to review the case given that the power plants would not have to start work to comply with the rule until June 2025.

The order was provisional while a challenge moved forward in the courts.

Since late July, the Supreme Court has fielded a series of challenges to a major regulation enacted by the E.P.A., including from a group of states led by conservatives, along with power plant companies and other industry players.


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