Republican-led states on Tuesday asked the Supreme Court to block the Biden administration’s effort to reduce planet-warming emissions from the energy sector.
Twenty-five states sent a petition to the high court arguing that Biden’s rule would be suspended while the case against it plays out, after a lower court refused to suspend it.
The states argued that they will ultimately likely succeed in their case and be harmed if it is in effect while litigation against it is ongoing.
Their document said the rule’s requirements are “in effect a backdoor to force coal plants out of existence – an important issue that no clear congressional authority allows.”
“The rule likely cannot be sustained,” the states added.
The rule in question requires existing coal plants and new gas plants to install technology that avoids 90% of their carbon emissions. In practice, the rule is expected to accelerate the shift away from coal, as some companies choose to close their plants rather than comply with the requirements.
In 2022, the Supreme Court ruled that the Environmental Protection Agency (EPA) cannot explicitly order the retirement of any specific energy source, but it did not stop the agency from requiring factories to reduce their emissions.
It’s unclear whether the court will grant the states’ petition. A trade group representing the coal industry also indicated it would ask the Supreme Court to take up the issue.
The EPA declined to comment on the states’ effort. The agency said its rule is expected to prevent 1.38 billion metric tons of carbon emissions by 2047, the equivalent of taking 328 million gasoline-powered cars off the road for a year.
The states asking the court to take the case are: West Virginia, Indiana, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.
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