Here’s Hoping: SCOTUS Could Kill Off Biden-Harris Coal Plant Rule

Once again I will mention that I am no fan of coal. Not from a ‘climate change’ point of view, but, from the ecological damage it does. But, until it can be replaced, it is needed. If Warmists would just let us use natural gas and nuclear power, coal wouldn’t be necessary

SCOTUS could deal another blow to climate action

The Supreme Court could stall action on climate change yet again as it weighs whether to pause new pollution regulations for coal-fired power plants.

The Environmental Protection Agency (EPA) finalized rules this year aimed at curbing greenhouse gas emissions from coal plants. But red states and industry groups are challenging the EPA in court and have asked SCOTUS to step in and stop the rules from being implemented while they duke it out.

The request is now in the Supreme Court’s so-called “shadow docket” — meaning SCOTUS can essentially issue a stay on the rules at its whim. The court has already made it way tougher for federal agencies to regulate industry since Donald Trump packed it with conservative-leaning justices. This is another opportunity to gut the EPA’s efforts to limit the pollution causing climate change.

The rules are a cornerstone of the Biden administration’s efforts to meet climate goals set under the Paris agreement. They require coal plants expected to continue operating for at least 15 years to reduce their climate pollution by 90 percent. Coal happens to be the dirtiest fossil fuel, creating more planet-heating carbon dioxide when burned than oil or gas.

Except, there really is no way to do that, meaning most coal plants would have to shut down. The suit is, as usual with the Biden-Harris administration, about their vast over-reach and failing to go through the duly elected Legislative Branch. Instead, they simply made up the rule using dubious language in other legislation. This was not specifically authorized.

When the EPA finalized the plan in April, it was arguably only a partial victory for environmental and health advocates. The rules had to comply with the Supreme Court’s 2022 decision on West Virginia v. Environmental Protection Agency. It was a monumental opinion that strengthened the “major questions” doctrine, the idea that federal agencies shouldn’t have the authority to call the shots on issues of major national significance without Congress passing legislation explicitly allowing the agency to do so. The decision meant that the EPA wouldn’t be allowed to determine whether the US gets its electricity from fossil fuels or cleaner sources of energy like wind and solar.

And this rule blows past the doctrine of major questions. But, I guess we’ll see what the Court rules.

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