Last week a DC U.S. appeals court determined that an EPA regulation mandating significant reductions in carbon emissions from power plants can proceed while over two dozen Republican-led states challenge it.
This rule from the Environmental Protection Agency targets existing coal-fired power plants and new natural gas plants and is a key components in President Biden’s emission reduction strategy.
Under the new regulations from the EPA, all existing coal-fired power plants and all new natural-gas power plants that are active over 40% of the time will be obligated to slash 90% of their CO2 emissions.
“Actual compliance deadlines do not commence until 2030 or 2032 — years after this case will be resolved,” the court stated.
Generating almost 25% of the country’s emissions, the U.S. power sector is the second largest contributor to greenhouse gases being released into the atmosphere. To comply with the rule a large number of existing and all new natural gas and coal plants will need to reduce their emissions by adopting carbon capture or close.
“EPA took the Supreme Court’s direction on the Clean Air Act to heart when it issued the power plant rules, and the D.C. Circuit’s order reflects that,” said Frank Sturges, Attorney at Clean Air Task Force (CATF). “We’re pleased that the court denied this first attempt to block these rules, but we expect it won’t be the last. CATF will continue to defend these carbon pollution limits and the benefits they will deliver for the climate and public health against legal attack.”
EPA emissions rule opposition
The request to halt the EPA ruling came from 25 predominantly Republican states led by West Virginia Attorney General Patrick Morrisey.
The regulation was also contested by a host of utilities, mining companies, and coal industry trade associations, arguing that carbon capture is too expensive and underdeveloped as a technology. They also claim that the EPA overstepped its authority in issuing the rule and should have sought explicit approval from Congress.
“We are disappointed by today’s court ruling and will imminently file an appeal with the Supreme Court,” said Jim Matheson, CEO of the National Rural Electric Cooperative Association. “EPA’s power plant rule is unlawful, unrealistic and unachievable. It undermines electric reliability and poses immediate and grave consequences for an already stressed electric grid.”
Read more: EPA Issues Coal Plants Ultimatum: Capture CO2 Or Shut Down
