Court Weighs Biden's Power Plant Emission Rules as NMA Challenges
In a significant legal development, the US Court of Appeals for the District of Columbia Circuit heard arguments in December 2024 regarding the Joe Biden administration's regulation of greenhouse gas emissions from power plants. The National Mining Association filed a petition challenging the rules at the court.
The EPA, under the Joe Biden administration, has been reviewing and reconsidering several environmental regulations. This includes the rules governing greenhouse gas emissions from power plants under Section 111 of the Clean Air Act. This section grants the EPA the authority to regulate emissions from both new and existing plants.
The Joe Biden administration's regulations aim to reduce emissions but fall short of current US climate goals for 2030. However, they exceed the threshold for clean electricity tax credits phase-out. New research suggests these regulations could yield substantial emissions reductions.
For existing coal plants, the regulations require those retiring after 2039 to capture and store 90 percent of on-site emissions by 2032. This, along with other measures, is projected to lead to emissions reductions of 73-86 percent below 2005 levels by 2040. These reductions would also result in significant cuts to nitrogen oxide and sulfur dioxide emissions.
The Trump administration had previously announced its intention to reconsider these regulations, along with other EPA climate actions.
The US Court of Appeals will now decide on the fate of these regulations, which could significantly impact the nation's emissions trajectory. The EPA's role in regulating power plant emissions remains a contentious issue, with the National Mining Association among those challenging the Joe Biden administration's rules.
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