Supreme Court Leaves Two Biden Administration Environmental Orders in Effect – Delco Times

WASHINGTON — The Supreme Court on Friday left in place two Biden administration environmental regulations aimed at curbing industry emissions of the greenhouse gases methane and toxic mercury.

The justices did not detail their reasoning in orders issued after a flurry of motions to block the regulations from industry groups and Republican-leaning states. No objections were recorded.

The Supreme Court is still considering a challenge to a third Environmental Protection Agency rule aimed at curbing planet-warming pollution from coal-fired power plants.

The regulations are part of the Biden administration’s broader efforts to curb climate change, which include financial incentives for electric vehicle purchases and infrastructure upgrades, as well as rules to tighten exhaust pollution standards for cars and trucks.

Industry groups and states argued that the EPA had overstepped its authority and set unattainable standards with new regulations. However, the EPA concluded that these rules are fully within its legal obligations and protect the public.

An EPA spokesman said Friday that the agency is pleased that the Supreme Court rejected requests to uphold the final regulations on methane and mercury. The EPA believes a rule tightening methane emissions from oil and gas drilling will have enormous benefits for the climate and the health of all Americans, while the mercury rule will reduce dangerous pollutants from coal-fired power plants, said spokesman Remmington Belford.

The methane regulations will build on innovative technologies and solutions that many oil and gas producing countries and companies already use or have committed to using, while the mercury and air toxics regulations “will ensure that domestic coal-fired power plants meet the requirements of current standards for hazardous air pollutants,” Belford said.

Both policies are firmly embedded in EPA’s authority under the Clean Air Act, he said.

The Supreme Court has struck down other environmental regulations in recent years, including a landmark decision limiting the EPA’s authority to regulate carbon dioxide emissions from power plants in 2022 and another that halted the agency’s “good neighbor” rule fighting air pollution.

Methane regulations impose new requirements on the oil and gas industry, which is the largest emitter of a gas that has a key impact on climate change. A lower court had previously refused to stay the regulation.

Methane is the main component of natural gas and has a much stronger effect than carbon dioxide in the short term. Sharply reducing methane emissions is a global priority – including the United States – to slow the pace of climate change.

Methane regulations apply to emissions from existing oil and gas wells across the country, rather than focusing solely on new wells. It also regulates the smaller drilling that will be needed to find and patch methane leaks.

Studies have shown that smaller wells produce just 6% of national oil and gas demand, but account for up to half of methane emissions from drilling sites. The plan also calls for phasing in a requirement for energy companies to eliminate the routine burning of natural gas extracted from new oil wells.

States challenging the rule called the new standards “impossible to meet” and said they amounted to an “attack” on the industry.

Meanwhile, the mercury rule was introduced after reversing a move by the Trump administration. It updated regulations that have been in force for over a decade regarding the emission of mercury and other harmful pollutants that may affect the nervous system, kidneys and fetal development.

Industry groups and conservative-leaning states argued that emissions were already low enough and the new standards could force the closure of coal-fired power plants.

The EPA said the updates were needed to protect public health.

David Doniger, senior staff attorney at the Natural Resources Defense Council, called the two rules critical protections and praised the court’s ruling leaving them in place. He also looked to the future, towards the still unresolved challenges to the power at the power plant.

“The court should do the same by seeking to block EPA carbon pollution standards for power plants that are consistent with the guidance the court issued in 2022.” – said Doniger.

Originally published: October 5, 2024 at 9:49 am