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States seek Supreme Court stay on new EPA Power Plant rule

24 states, including Alabama, ask the Supreme Court to block new EPA rules on coal and gas power plant emissions.

Smoke emitting from a coal power plant. STOCK

Attorney General Steve Marshall has joined a coalition with 24 other states, pleading with the U.S. Supreme Court to issue an emergency stay on the implementation of the U.S. Environmental Protection Agency’s new rule on power plants that are using coal, natural gas or oil. 

The new rule would have any power plant using coal or natural gas capture its smokestack emission and regulate the plants under the Clean Air Act, which imposes more restrictive emission regulations.

Last week, the U.S. Court of Appeals for the District of Columbia Circuit refused to block the rule. 

The emergency stay application states that no emission reductions could begin until 2028 and the states are claiming that no technological advances could reduce emissions at this time. The alternative would be shutting the plants until they could reduce smokestack emissions.

Mary Claire is a reporter at APR.

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