26 States Challenge Biden Administration’s Greenhouse Gas Emissions Rule in Federal Appeals Court

In response to the Biden administration’s new rule requiring power plants to significantly reduce greenhouse gas emissions, more than two dozen states, led by coal-rich West Virginia, have filed a lawsuit in a federal appeals court claiming it is an unlawful attempt to fundamentally reshape the country’s energy system. The lawsuit, which follows previous challenges to similar measures, argues that the move violates a 2022 Supreme Court decision limiting the Environmental Protection Agency’s broad powers to impose greenhouse gas restrictions. The new regulation requires existing coal plants to capture almost all of their CO2 emissions by 2039, with comparable reductions required for new gas-powered facilities. This requirement is based on the determination that carbon capture technologies, which have been available for decades but have largely remained untested in the electric sector, offer the most effective method of reducing emissions. Other groups, including the National Rural Electric Cooperative Association, have also indicated they plan to challenge the new rule. The lawsuit comes amid growing demand for electricity from data centres, artificial intelligence, and industrial processes, adding to the pressure on the power grid. The case presents a significant test of President Joe Biden’s efforts to combat climate change. An EPA spokesperson declined to comment on the matter.