Supreme Court allows Biden EPA emission rule to proceed

Supreme Court declines to block EPA rule that limits carbon emissions from coal-, gas-fired power plants

The Supreme Court has declined to intervene on a request from numerous states and industry groups to temporarily block a set of the Biden administration's Environmental Protection Agency (EPA) regulations aimed at reducing carbon pollution from coal- and gas-fired power plants.

In a brief statement on Wednesday, Justices Brett Kavanaugh and Neil Gorsuch wrote that since the challengers do not have to begin compliance work until June, the involved parties are unlikely to suffer irreparable harm before the federal appeals court in Washington, D.C., decides the merits of the case.

"So this Court understandably denies the stay applications for now," Kavanaugh and Gorsuch wrote.

Conservative Justice Clarence Thomas said he would have granted the request from the states and groups. Justice Samuel Alito, another conservative, recused himself.

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The Supreme Court’s order came after the justices denied emergency requests by West Virginia, Indiana and 25 other states to halt the EPA rule. 

The regulation aims to cut greenhouse gas emissions and require coal-fired power plants and new natural gas-fired generators to install equipment in the coming decade to capture emissions before they reach the atmosphere.

The case next moves to the U.S. Court of Appeals for the District of Columbia Circuit. After that court rules, the issue could be brought before the justices again.

"This is not the end of this case," West Virginia Attorney General Patrick Morrisey said in a statement.

Fox News Digital has reached out to the EPA for comment.

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