The U.S. Chamber of Commerce is backing calls for the Supreme Court to block the Biden administration’s power plant rule, and the trade group says the justices’ recent decision to limit agency deference bolsters arguments against EPA.
The Supreme Court is currently weighing several applications to its emergency — or “shadow” — docket from industry, states and electric cooperatives seeking to temporarily pause EPA’s rule limiting carbon emissions from new gas and existing coal-fired power plants.
Legal challenges against the rule take aim at EPA’s reliance on carbon capture and storage, or CCS, technology as a “best system of emissions reduction,” or BSER, under the Clean Air Act to slash planet-warming emissions.
The court’s June ruling in Loper Bright v. Raimondo can help guide the justices in deciding whether EPA overstepped federal law, the Chamber said in a friend of the court brief docketed this week.
