The US Supreme Court rejected requests to temporarily block new federal air pollution regulations from President Joe Biden’s administration aimed at reducing mercury and methane emissions, according to a report by Reuters.
The challenges were brought by a coalition of states, primarily led by Republicans, along with industry groups.
The justices declined emergency appeals from these states and various companies in the power, mining, oil, and gas sectors to suspend the Environmental Protection Agency’s rules. At the same time, litigation is ongoing in lower courts.
The regulations, established under the Clean Air Act, are designed to reduce mercury and other metal emissions from coal-fired power plants and methane and volatile organic compounds from oil and gas production, according to the Reuters report.
Specifically, the new mercury rule imposes a 67% reduction in toxic metal emissions for all coal plants and a 70% decrease for lignite coal plants.
The methane rule limits flaring, which is the burning of excess methane during oil and gas production, and mandates that oil companies monitor for leaks at well sites and compressor stations.
Additionally, it establishes a new program for detecting and reporting significant methane emissions from “super emittersâ, according to the report by Reuters.
Opponents argue that the Environmental Protection Agency (EPA) overstepped its authority by implementing unjustified regulations that jeopardize the US electricity supply and infringe upon states’ rights to set their own emissions standards.
According to the EPA, the mercury rule aims to decrease the risk of heart attacks, cancer, and developmental delays in children caused by pollutants.
In addition, it addresses methane emissions, which have a higher warming potential than carbon dioxide and dissipate more quickly in the atmosphere, thus providing a more immediate impact on climate change.
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Challengers, including states, fossil fuel industry groups, and companies from the power, mining, and oil sectors, filed multiple lawsuits in the US Court of Appeals for the District of Columbia Circuit. This court denied requests to pause the regulations during its review in July and August.
The Supreme Court, which holds a 6-3 conservative majority, has previously limited the EPA’s authority in significant rulings. In June, the court blocked the EPA’s “Good Neighbor” rule to reduce ozone emissions that could worsen air quality in neighboring states.
In 2023, it restricted the EPA’s ability to protect wetlands and combat water pollution, and in 2022, it placed limits on the agency’s power under the Clean Air Act to curb carbon emissions from coal- and gas-fired power plants.
