States and business groups chart another Supreme Court challenge to EPA emissions rule

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States and business groups chart another Supreme Court challenge to EPA emissions rule
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challenging the EPA’s rule that would force coal- and gas-fired power plants to limit carbon emissions beginning in 2030. The justices have asked the government to provide responses to the states’ efforts to stall the rule by Aug. 19.A coal-fired power plant is silhouetted against the morning sun on July 27, 2018, in Glenrock, Wyoming.

“That is particularly concerning because such generation is needed to balance the expansion of renewables and to satisfy the significant increase in electricity demand that is expected over the coming years and decades, due in part to data center and AI growth,” the brief states. Challengers to the EPA rule argue it incorrectly relies upon Section 111 of the CAA to bring forth the “best system of emission reduction” for power plants.

The bevy of emergency applications against the EPA’s rule followed a July 19 ruling by a unanimous panel on the U.S. Court of Appeals for the D.C. Circuit, which refused to block the rule while that challenge proceeded.

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