A federal appeals court has ruled that a new regulation by the Environmental Protection Agency (EPA) aimed at limiting carbon emissions from coal-fired power plants will remain in effect as legal challenges proceed. Industry groups and several Republican-led states had sought an emergency block on the rule, arguing it was unfeasible and threatened the reliability of the nation’s power grid.
The EPA rule, announced in April, mandates that many coal-fired power plants must capture 90% of their carbon emissions or shut down within eight years. This regulation is a crucial component of President Biden’s commitment to eliminate carbon pollution from the electricity sector by 2035 and achieve economy-wide carbon neutrality by 2050.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit rejected the request to halt the rule. The judges stated that the challengers had not demonstrated a likelihood of success on the merits of their case. They also ruled that the case did not present a significant question under a prior Supreme Court decision, as the EPA’s authority was limited to setting emissions limits that reduce pollution by ensuring cleaner operation of regulated sources.
The court’s unanimous decision, issued by Judges Patricia Millett, Cornelia Pillard, and Neomi Rao, also dismissed claims of immediate harm, noting that compliance deadlines are set for 2030 or 2032. Millett and Pillard were appointed by President Barack Obama, while Rao was appointed by President Donald Trump.
Environmental advocates praised the court’s decision, emphasizing the EPA’s legal duty to control harmful pollution, including greenhouse gases. Vickie Patton, general counsel of the Environmental Defense Fund, highlighted the urgent need for these standards in light of increasing climate-related disasters. Meredith Hankins, a lawyer for the Natural Resources Defense Council, added that the current extreme weather underscores the necessity of the EPA’s regulations.
Conversely, the National Mining Association, which participated in the legal challenge, indicated it would seek an emergency stay from the Supreme Court. Rich Nolan, the group’s president, and CEO, expressed concerns about grid reliability and argued that the rule could lead to premature shutdowns of essential power plants.
Timothy Carroll, an EPA spokesperson, expressed satisfaction with the court’s decision, emphasizing that the rule will significantly reduce harmful carbon emissions from coal-fired power plants, the largest source of greenhouse gas emissions in the power sector. The EPA projects that the regulation will generate up to $370 billion in climate and health benefits and prevent nearly 1.4 billion metric tons of carbon pollution by 2047, equating to the annual emissions of 328 million gasoline-powered cars.
This rule represents the first federal mandate to limit carbon dioxide emissions from existing coal-fired power plants and will also require future coal or natural gas-powered plants to control up to 90% of their carbon emissions.