Published by Todd Bush on October 18, 2024
The US Supreme Court has denied requests from electric utility trade groups for an emergency stay of a final Environmental Protection Agency rule requiring 90% carbon capture at existing coal-fired power plants and new gas-fired generators by 2032.
This decision means that affected power generators will not need to start compliance work until June 2025, giving them time before the regulations take effect.
In a brief Oct. 16 order, Justice Brett Kavanaugh stated that applicants for the stay, including the Edison Electric Institute and National Rural Electric Cooperative Association, had shown "a strong likelihood of success on the merits" on at least some of their arguments against the EPA rule. However, he noted that because the regulations won’t require immediate action, the applicants are unlikely to suffer irreparable harm before the case proceeds.
"This court understandably denies the stay applications for now," Kavanaugh said in a statement joined by Justice Neil Gorsuch. "Given that the DC Circuit is proceeding with dispatch, it should resolve the case in its current term."
The Supreme Court's Oct. 16 order also noted that Justice Clarence Thomas would have granted the applications for stay, while Justice Samuel Alito did not participate in the consideration or decision on the applications.
The Edison Electric Institute (EEI), the nation's investor-owned utility trade group, argued that the EPA rule relies on unproven technology and contradicts the Supreme Court's recent Loper Bright decision, which limits deference to federal agencies. EEI raised concerns over the feasibility of carbon capture technology being adequately demonstrated.
The National Rural Electric Cooperative Association (NRECA) also argued that the rule violates the high court's major questions doctrine, which holds that agencies cannot regulate on matters of "vast political or economic significance" without clear authorization from Congress. This doctrine was cemented in the Supreme Court’s 2022 ruling against the Obama-era Clean Power Plan, which sought to transition the US away from coal-fired electricity.
In July, the DC Circuit rejected requests to stay the Biden administration’s EPA regulations, reasoning that petitioners failed to show a likelihood of success on claims that the EPA acted arbitrarily or capriciously in selecting carbon capture as the best achievable control technology for greenhouse gas emissions from power plants.
The trade group is disappointed by the Supreme Court's decision but will continue to press its case at the DC Circuit, said Alex Bond, EEI's executive director of clean energy and environment. "While EEI's member electric companies are investing in carbon capture and storage and are excited by its potential, the current reality is that this technology has yet to be adequately demonstrated as required by the Clean Air Act," Bond said in an email to S&P Global Commodity Insights.
Justice Kavanaugh noted that petitioners are free to ask the Supreme Court for review after the DC Circuit decides the underlying case in West Virginia v. EPA (No. 24-1120).
Follow the money flow of climate, technology, and energy investments to uncover new opportunities and jobs.
Inside This Issue 💰 OCED Announces up to $1.8 Billion in New Funding for Transformational Direct Air Capture Technologies 🌱 BP Announces Investment Decision for “Lingen Green Hydrogen” Project 🧪 C...
Inside This Issue 🌊 ExxonMobil Partners with Worley for Groundbreaking Blue Hydrogen Facility in Texas 🏗️ Holcim Group to Test Capsol’s Carbon Capture Technology as a Step Towards Decarbonized Cem...
Inside This Issue 💧 Revolutionizing the Green Hydrogen Market: City of Lancaster and City of Industry Launch First Public Hydrogen (FPH2)--the First Public Hydrogen Utility 🌿 Drax and Pathway Ener...
BP Announces Investment Decision for “Lingen Green Hydrogen” Project
bp has announced its final investment decision for the “Lingen Green Hydrogen” project, a major step forward in the industrial-scale development of green hydrogen in Germany. Supported by funding f...
Federal Energy Regulators to Assess Environmental Risks of Funding Northwest Hydrogen Hub
The U.S. Department of Energy is beginning its environmental impact assessment of “clean” hydrogen projects that have been proposed as part of a planned $1 billion in federal funding A year after ...
Advancements in Electrolyzer Technology Could Make Green Hydrogen Viable Sooner Than You Think
Historically, the mass production of green hydrogen has not been viewed as a viable alternative energy solution for our climate crisis. But recent technological advancements in proton exchange memb...
The U.S. Department of Energy (DOE) Office of Clean Energy Demonstrations (OCED) today opened applications for up to $1.8 billion in funding for the design, construction, and operation of mid- and ...
Follow the money flow of climate, technology, and energy investments to uncover new opportunities and jobs.