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Supreme Court allows Biden’s EPA to enforce regulations on power plants

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The Supreme Court has allowed the Biden administration to move forward with new Environmental Protection Agency rules aimed at reducing carbon emissions from power plants. The decision comes as a blow to more than 20 Republican-led states and industry groups that had sought to block the regulations.

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The rules, which will require coal and natural gas power plants to cut or capture 90% of their climate-warming emissions by 2032, are expected to reduce carbon dioxide output from the sector by 75% compared to 2005 levels.

Countries pledge to phase out coal use at the COP26 climate change conference.
Reuters

Despite opposition, the court declined to halt the regulations while lower court challenges continue.

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The 6-3 ruling did not require plants to take immediate action, and Justices Brett Kavanaugh and Neil Gorsuch noted in a brief opinion that the challengers have a “strong likelihood” of success in the future. However, they said there was no urgency to block the rule now since it does not go into effect until next year.

Justice Clarence Thomas dissented, saying he would have granted the states’ request, while Justice Samuel Alito recused himself from the case.

The ruling is the latest in a string of victories for the Biden administration’s environmental agenda. Earlier this month, the court let stand other EPA regulations cutting methane and mercury emissions, decisions that were largely praised by environmental groups.

The Environmental Protection Agency labeled two forever chemicals as hazardous substances, aiming for faster cleanup.
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Republican attorneys general and industry groups have criticized the EPA’s rules as too costly, arguing that the regulations will force power plants to close due to expensive compliance measures like carbon capture technology and clean hydrogen fuel.

The Biden administration hopes the regulations, along with significant financial support from its climate law, will help transform the energy sector and significantly reduce emissions contributing to global warming. Legal challenges are expected to continue, but for now, the EPA is cleared to move forward.

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[Jack Aylmer]

THE SUPREME COURT HANDED THE BIDEN ADMINISTRATION A MAJOR WIN WEDNESDAY, ALLOWING THE ENVIRONMENTAL PROTECTION AGENCY TO MOVE FORWARD WITH NEW CLIMATE REGULATIONS AIMED AT CURBING CARBON EMISSIONS FROM POWER PLANTS.

THE COURT’S DECISION MEANS THAT THE BIDEN ADMINISTRATION CAN TEMPORARILY ENFORCE THESE RULES, DESPITE EFFORTS FROM MORE THAN 20 REPUBLICAN-LED STATES AND INDUSTRY GROUPS TO BLOCK THEM.

THESE NEW EPA RULES REQUIRE EXISTING COAL PLANTS AND NEW NATURAL GAS PLANTS TO EITHER CUT OR CAPTURE 90-PERCENT OF THEIR CARBON POLLUTION BY THE YEAR 2032. THE GOAL IS TO REDUCE EMISSIONS FROM THE POWER SECTOR BY A STAGGERING 75-PERCENT COMPARED TO 2005 LEVELS.

THE JUSTICES DENIED AN EMERGENCY REQUEST FROM THE STATES, MEANING THE RULES WILL STAY IN PLACE WHILE THE LOWER COURTS CONTINUE TO HEAR THE CASE. BUT THIS WASN’T A UNANIMOUS DECISION. JUSTICES BRETT KAVANAUGH AND NEIL GORSUCH AGREED THAT THE STATES HAVE A STRONG CASE BUT SAID THERE’S NO NEED FOR ACTION YET, SINCE PLANTS AREN’T REQUIRED TO MAKE CHANGES IMMEDIATELY.

THIS DECISION FOLLOWS SEVERAL SURPRISING VICTORIES FOR THE BIDEN ADMINISTRATION’S ENVIRONMENTAL POLICIES IN RECENT WEEKS. THE SUPREME COURT PREVIOUSLY LET STAND NEW REGULATIONS ON METHANE AND MERCURY EMISSIONS WITHOUT DISSENT.

BUT NOT EVERYONE IS ON BOARD WITH THESE NEW RULES. REPUBLICAN ATTORNEYS GENERAL ARGUE THAT THE COSTS OF COMPLIANCE ARE TOO HIGH… WARNING THAT POWER PLANTS COULD BE FORCED TO CLOSE.

LEGAL BATTLES WILL CONTINUE, BUT FOR NOW, THE BIDEN ADMINISTRATION’S CLIMATE PLAN TAKES A SIGNIFICANT STEP FORWARD, AIMING TO DRASTICALLY REDUCE THE POWER SECTOR’S CARBON FOOTPRINT OVER THE NEXT DECADE. 

THE BIDEN ADMINISTRATION IS ALSO OFFERING GENEROUS TAX SUBSIDIES TO HELP OFFSET THE COST OF THE NEW TECHNOLOGY.

FOR MORE UNBIASED UPDATES AND STRAIGHT FACTS… DOWNLOAD THE STRAIGHT ARROW NEWS APP OR VISIT SAN DOT COM.

FOR STRAIGHT ARROW NEWS… I’M JACK AYLMER.