


The Supreme Court is refusing to hear several cases challenging the Environmental Protection Agency’s authority to implement two rules meant to reduce toxic emissions from the oil and gas industry.
The high court issued the denial on Friday, without any additional details explaining why it would not be taking up the cases. No dissents were listed.
The challenges brought to the court were led by several states and industry groups that sought to pause EPA rules they claimed overstepped the agency’s authority.
The groups challenged two regulations issued by the EPA through the Clean Air Act meant to cut mercury emissions at coal power plants, as well as methane from oil and gas production.
Specifically, the rules are intended to limit toxic metal emissions by 67% from all coal plants and limit mercury emissions by 70% for lignite coal plants.
Republican officials in nearly two dozen states challenged the rule along with several industry groups, saying it would “risk destabilizing the nation’s power grids” without providing any public health benefit.
The challenge, which had been denied by a federal appeals court, claimed the rule would cause a large number of power plants to shut down, increasing electricity costs for consumers.
These standards took effect over the summer, with power plants having three years to comply. The EPA had found that over 90% of coal plants in the country were already able to meet these standards. Only two plants in Montana were expected to take additional action, per CBS News.
Meanwhile, the methane rule under consideration sets new emission standards for the burning of methane during oil and gas production, in an effort to reduce air pollution at these wells and facilities. The EPA estimated that the new standards would help reduce emissions by nearly 80% through 2038.
The EPA has identified methane as one of the most “powerful” greenhouse gases, along with carbon dioxide, making up around 16% of emissions worldwide.
Several states and industry groups challenged the rule, asking a federal appeals court to issue a pause. However, the requests were unanimously denied.
The challenge was then brought to the Supreme Court in an emergency filing, with oil and gas companies claiming the standards were “an authoritarian national command from EPA to the States and operators.” The states went on to accuse the EPA of issuing an “impossible-to-meet standard,” that they claimed was “unlawful.”
While the Supreme Court’s decision does not uphold the rules, it allows the EPA to move forward with enforcement. However, as the agency is expected to face additional legal challenges, it may take several years to enforce.
The rare win for the EPA from the conservative-led court comes several months after the Supreme Court blocked the so-called good neighbor rule that would crack down on power plant pollution in 23 states.
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Despite past rulings, the denials were not a shock for many.
“These denials are not remotely surprising,” Case Western Reserve University Law School professor Jonathan Adler told the Washington Examiner. “The Court has only been willing to intervene to halt regulatory initiatives in cases in which agencies aggressively pushed the bounds of their authority or in which there were serious questions about the agency’s handling of the question. The Court’s prior actions should never have been interpreted as indicating open season on regulatory initiatives or even EPA regulations in particular.”