The Supreme Court wants the Biden administration to weigh in on requests to freeze EPA’s new climate rule for the power sector.
On Monday, Chief Justice John Roberts asked Solicitor General Elizabeth Prelogar to respond by Aug. 19 to stay requests filed by states, industry and electric cooperative groups on the Supreme Court’s emergency or “shadow” docket.
Opponents of the EPA power plant rule are asking the justices to freeze the regulation as courts decide whether the agency overstepped its authority. A lower court previously declined to block the rule, which relies on carbon capture and storage, or CCS, technology to limit greenhouse gas emissions from existing coal and new gas-fired power plants.
If the justices do intervene, it would mark the second time the court has blocked an EPA carbon rule for the power sector.
