The U.S. Supreme Court on Oct. 16 issued an order denying requests to stay the Environmental Protection Agency’s Power Sector Greenhouse Gas Rule for New and Existing Sources (Power Sector GHG Rule or the Final Rule), published on May 9, 2024.
Litigation over the rule itself continues in the D.C. Circuit Court. Justice Brett Kavanaugh and Justice Neil Gorsuch indicated that the challengers, “have shown a strong likelihood of success on the merits as to at least some of their challenges,” but said a stay was not necessary as compliance work will not start until June 2025, so applicants “are unlikely to suffer irreparable harm before the Court of Appeals for the D.C. Circuit decides the merits.”
The D.C. Circuit Court has set an expedited briefing schedule so the case will be argued in this 2024 term.
