Court says emissions rule stands for now

CASPER (WNE) — A federal appeals court has ruled that a contested Environmental Protection Agency regulation aimed at limiting pollution from coal-fired power plants can remain in effect as legal challenges move forward.

Republican-led states, including Wyoming, had asked the court to block the EPA’s rule on an emergency basis, arguing it threatened the reliability of the nation’s power grid and exceeded the agency's authority.

The rule, announced in April, requires coal-fired power plants to capture 90% of their carbon emissions or shut down by 2032.

The rules are a key part of the Biden Administration’s president’s pledge to get the country to net-zero carbon emissions by 2050.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously rejected the request Friday for an emergency stay, reasoning the state’s lacked the standing of “immediate harm” since the rules are years from enforcement, and that the case did not meet the threshold of legal merits otherwise. State’s say they plan to appeal the decision to the U.S. Supreme Court.

This story was published on July 23, 2024.