United States: On Friday, the U.S. Supreme Court refused to stay with the new federal rules on air pollution from President Joe Biden’s administration to strengthen standards on mercury and methane in the cases filed by 12 Republican-led states and industry groups.
The justices rejected preliminary injunctions filed by the states, electric generation, power and mining, oil and gas concerns to put the Environmental Protection Agency rules on hold pending appeals in lower courts, as reported by Reuters.
Details of the New EPA Rules
The rules, published under the Clean Air Act anti-pollution law, seek to reduce mercury and other metals from coal-burning power stations emissions, as well as methane and other flammable gases known as VOCs from oil and gas operations.
The mercury rule cut emissions of toxic metals for all coal plants by 67% and cut limits on mercury emissions from lignite coal plants by 70%.
The methane rule lowered the flaring limit– the burning of methane associated with the production, processing, gathering, and transportation as well as oil and gas – and asked them to scan well sites and compressor stations for leaks. It also introduced a new program to identify and monitor major, often-repeated sudden methane leaks from what is known as ‘super emitters.’
The challengers now argue that the EPA overstepped its authority in promulgating unwise and unwarranted regulations that endanger the US electricity supply and encroach upon the sovereignty of states in setting rules for emissions.
This, the EPA stated, would benefit public health and the progression of climate change regulation.
While reducing methane, which has a greater warming potential than carbon dioxide and degrades more quickly in the atmosphere, can have a more immediate effect on limiting climate change, the EPA states that the mercury rule also lessens the risk of heart attacks, cancer, and developmental delays in children.
Opposition to EPA Regulations
Other opponents of the plan included the states, fossil fuel industry associations, and power, mining, and oil and gas organizations that filed several petitions in the United States Court of Appeals for the District of Columbia Circuit, which rejected their application for a stay of the regulations in July and August, as reported by Reuters.
EPA has been touched by some important decisions of the Supreme Court, which has a 6-3 conservative majority.
Supreme Court’s Conservative Leanings
In June, the court halted the EPA’s “Good Neighbor” regulatory plan intended to curb emissions of ozone that could aggravate air pollution in adjacent states. In 2023, the Supreme Court heavily restricted EPA’s authority to preserve wetlands and combat water pollution. It enacted in 2022 mitigation measures that limited the agency’s authority under the Clean Air Act in slashing carbon emissions from coal and gas-fired power plants.