Supreme Court asked to block Biden administration's new rules on power plants

By 
 July 28, 2024

As Fox News reported in April, the Biden administration has put forward new regulations under which coal-fired power plants are required to control 90% of their carbon emissions.

In response, a coalition of states have filed an emergency request asking that the Supreme Court block the change from coming into effort.  

States say rules are almost impossible to comply with

According to the Indiana Capital Chronicle, the coalition is made up of 25 states and led by Indiana Republican Attorney General Todd Rokita along with West Virginia Republican Attorney General Patrick Morrisey.

They contend that the Environmental Protection Agency (EPA) is exceeding its authority by imposing mandates which are nearly impossible to meet given existing technology.

"Among other things, the rule imposes inadequately demonstrated technologies on unworkable timeframes, effectively squeezing plants into retirement," the appeal asserts.

"The National Center for Carbon Capture estimates the first CCS demonstration projects won't go online until 2030 to 2032," it points out.

"No clear congressional authority" for rule change

"Relatedly, it causes serious immediate harms by either pushing plants into binding commitments for retirement or pressing them to start spending large sums to hit compliance dates," it goes on to state.

The appeal further claims that the new requirements serve as "a backdoor avenue to forcing coal plants out of existence — a major question that no clear congressional authority permits."

Also at issue is the impact on consumers that forcing new power plants to incorporate carbon capture systems (CCS) will have.

"This expense could double energy prices," the appeal goes on to caution. "Installing CCS reduces plants’ sellable energy by up to 36% — instantly slashing plants’ ongoing profitability."

AGs in Indiana and West Virginia "are leading the fight"

For his part, Rokita touted his effort to overturn the EPA's proposed regulatory changes in a social media post last week.

"The unlawful actions of unelected bureaucrats at the EPA will raise prices for Indiana families, cost Hoosier jobs, and destabilize the grid," Rokita declared.

"Our office and [West Virginia attorney general] are leading the fight all the way to the U.S. Supreme Court to halt Biden's [Green New Deal] Power Plan Rule," he declared. 

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Thomas Jefferson