The high court rejected requests from red states and industry stakeholders to temporarily halt the rule while other litigation against it plays out.
In a statement accompanying the decision, Justice Brett Kavanaugh said that while the rule’s challengers “have shown a strong likelihood of success on the merits” they are “unlikely to suffer irreparable harm” before a lower court can rule on the matter.
Specifically, he noted they don’t need to start making changes to make their power plants more climate friendly until June 2025. But he said parties could appeal a future decision from the D.C. Circuit, where the case against the Biden administration’s regulation is currently playing out.
“After the D.C. Circuit decides the case, the nonprevailing parties could, if circumstances warrant, seek appropriate relief in this Court,” he wrote.
Kavanaugh was joined in his statement by Justice Neil Gorsuch. Justice Clarence Thomas dissented and Justice Samuel Alito recused himself from the case.
In April, the Biden administration required existing coal plants and new gas plants to install technology to capture 90 percent of their planet-warming emissions.
Read more at TheHill.com.
