US appeals court allows EPA rule on coal-fired power plants to remain in place amid legal challenges

WASHINGTON (AP) — In a victory for President Joe Biden’s administration, a federal appeals court on Friday ruled that a new federal regulation aimed at limiting planet-warming pollution from coal-fired power plants can remain in force as legal challenges continue.

Industry groups and some Republican-led states had asked the court to block the Environmental Protection Agency rule on an emergency basis, saying it was unattainable and threatened reliability of the nation’s power grid.

The EPA rule, announced in April, would force many coal-fired power plants to capture 90% of their carbon emissions or shut down within eight years. The rules are a key part of the Democratic president’s pledge to eliminate carbon pollution from the electricity sector by 2035 and economy-wide by 2050.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected the industry request to block the rule, saying the groups had not shown they are likely to succeed on the merits. Nor did the case invoke a major question under a previous Supreme Court ruling, since the EPA claimed only the power to “set emissions limits… that would reduce pollution by causing the regulated source to operate more cleanly,” the appeals court ruled.

The unanimous ruling also rejected the claim of immediate harm, saying compliance deadlines do not take effect until 2030 or 2032.

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