SCOTUS NEWS
on Oct 4, 2024
at 1:24 pm
The justices denied the request to intervene in an unsigned order on Friday. (Aashish Kiphayet through Shutterstock)
The Supreme Courtroom on Friday turned down a request from Republican-led states and trade teams to dam a rule from the Environmental Safety Company that imposes extra stringent requirements on emissions of hazardous air pollution from coal-fired energy crops. On the identical time, the justices turned down the same request from Oklahoma and trade teams to dam an EPA rule that seeks to manage emissions of methane, a strong greenhouse fuel, from crude-oil and pure fuel amenities.
Friday’s orders imply that each guidelines will stay in impact whereas challenges to them transfer ahead in a federal appeals courtroom in Washington, D.C.
The orders leaving the EPA guidelines in place come three months after the Supreme Courtroom put one other EPA rule, meant to scale back air air pollution that impacts air high quality in “downwind” states, on maintain whereas challenges to it proceed within the decrease courts.
The EPA issued the primary rule as a part of the “Hazardous Air Pollution” program established by the Clear Air Act, which targets pollution – corresponding to mercury, arsenic, and nickel – that may be poisonous for people.
The challengers – which embrace 23 Republican-led states, energy crops, mining firms, and trade teams – went to the U.S. Courtroom of Appeals for the District of Columbia Circuit in search of evaluate of the rule. In addition they requested the courtroom of appeals to place the rule on maintain whereas the litigation went ahead, however the D.C. Circuit rejected that request. The challengers then got here to the Supreme Courtroom in August, submitting seven separate functions to remain the rule whereas the D.C. Circuit’s evaluate continued.
The challengers complained that the brand new rule will impose billions of {dollars} in prices on energy crops with out offering any actual public well being advantages. As a substitute, the challengers urged, the rule is a part of a broader plan to (because the states, led by North Dakota contended) “power a nationwide transition away from coal for putative local weather change causes – pursuing a nationwide coverage selection this Courtroom has expressly held the company lacks authority to make.”
The EPA revealed the methane rule in March. Right here too Oklahoma and the trade teams went first to the D.C. Circuit, in search of to problem the rule and to have that courtroom put it on maintain whereas the litigation continued. The D.C. Circuit denied the request for a keep in July, prompting the challengers to return to the Supreme Courtroom in August.
Briefly unsigned orders on Friday, the justices turned down each units of requests to place the foundations on maintain. The justices didn’t present any rationalization for his or her selections, and there have been no recorded dissents.
The courtroom has not but acted on a 3rd set of requests to remain a unique EPA rule, aimed toward decreasing emissions of carbon dioxide by energy crops. These requests have been filed starting in late July and have been totally briefed for over a month.
This text was initially revealed at Howe on the Courtroom.
