SCOTUSblog by Amy Howe 10/16/2024
The Supreme Court on Wednesday left in place a rule issued by the Environmental Protection Agency in May to reduce emissions of carbon dioxide by power plants. In a brief order, the justices turned down a request from states, energy companies, and other industry groups to put the rule on hold while their challenge in a federal appeals court moves forward.
Defending the rule, the EPA says that it would lead to significant reductions in carbon pollution over the next two decades – “equivalent to preventing the annual emissions of 328 million gasoline cars.” And that in turn, the EPA argues, could provide nearly $400 billion in benefits to the climate and public health.
Justice Clarence Thomas would have temporarily blocked the EPA from enforcing the rule.
Justices Brett Kavanaugh and Neil Gorsuch expressed sympathy for the challengers’ arguments, but they noted that because the litigation is moving quickly in the lower court, they are unlikely to be affected by the rule for now.
Justice Samuel Alito did not participate in the case, presumably (although he did not say so explicitly) because he owns stock in one of the companies involved in the challenge.
The Supreme Court’s order came just under four months after a divided court granted a request to block a different rule issued by the EPA while a challenge moved forward in the U.S. Court of Appeals for the District of Columbia Circuit. The rule there, stemming from the agency’s interpretation of a law known as the “good neighbor” provision of the Clean Air Act, was intended to reduce air pollution from power plants and other industrial facilities that affects downwind states.
That case, Ohio v. EPA, also came to the court on its so-called “shadow” docket – that is, as an emergency appeal asking the justices to put the rule on hold while proceedings in the D.C. Circuit continued. The states, companies, and industry groups seeking to block the “good neighbor” rule came to the Supreme Court in Oct. 2023, asking the justices to intervene. The justices agreed in December to hear argument in the case and fast-tracked the case for consideration in February; the court issued its opinion in late June.
More:
https://www.scotusblog.com/2024/10/supreme-court-allows-epa-emissions-rule-to-stand-while-litigation-continues/
