The U.S. Supreme Court on Oct. 4 issued an order denying six requests to stay the implementation of the Environmental Protection Agency’s final National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review rule.
The Supreme Court’s order did not explain the denial.
The rule opponents had asked the high court to reverse the U.S. Court of Appeals for the District of Columbia Circuit's decision to deny the motions to stay the rule until the litigation concludes. In August, the D.C. Circuit refused to stay the rule during those challenges, prompting the opponents to take their pleas to the Supreme Court.
The challenge will now proceed in the D.C. Circuit. The final briefs in the case are due December 10, 2024.
Also on Friday, the high court denied the emergency stay applications of 23 states, led by Oklahoma and a coalition of industry groups, to halt the implementation of the EPA’s final rule to expand methane emission control requirements for oil and gas infrastructure.
Stakeholders are still waiting for the high court to respond to the emergency stay request to halt the implementation of the final greenhouse gas rules for existing coal-fired power plants and the new source performance standards for stationary combustion turbines.
A decision from the high court is expected soon.
Meanwhile, some utilities and states are meeting to discuss preparing and developing state plans.
