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  • October 21, 2024
  • 3E

BREAKING NEWS: Supreme Court Rejects Third Bid to Halt Biden Administration Environmental Regulations


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Earlier this month, 3E reported that the Supreme Court of the United States (SCOTUS) rejected two bids to stay U.S. Environmental Protection Agency (EPA) regulations on methane emissions and airborne mercury.

On 16 October 2024, SCOTUS rejected another emergency request to stay the EPA’s final Clean Air Act standards for existing coal-fired and new natural gas-fired power plants while litigation proceeds in lower courts. The rule, considered a cornerstone of the Biden administration’s climate policy, mandates emissions reductions from coal and natural gas plants to curb greenhouse gasses.

This ruling shows a continued trend this session of SCOTUS permitting the Biden administration’s environmental rules to take effect, despite opposition from state attorneys general and industry groups.

The Supreme Court’s Decision

SCOTUS did not issue a formal opinion with its decision, ruling 7-1 in favor of the EPA. However, the Court did issue a statement along with its refusal order. Breaking from the majority, Justice Clarence Thomas noted in SCOTUS’s statement attached to the denial order that he would have granted the stay but has offered no further comment. Justices Brent Kavanaugh and Neil Gorsuch were more measured in their response, stating that “the applicants have shown a strong likelihood of success on the merits as to at least some of their challenges to the Environmental Protection Agency’s rule.”

Justice Samuel Alito recused himself from the case. Although the court did not give a specific reason as to why, Alito’s most recent financial disclosure shows either he or his spouse hold stock in OGE Energy Group, a subsidiary of one of the companies seeking to stay the rule, which could qualify as a potential conflict of interest.

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