On Friday, the U.S. Supreme Court declined to issue a temporary halt on the Biden administration’s new regulations aimed at curbing methane emissions from oil and gas production sites. In an unsigned order with no further comment, the justices turned down a request from a coalition of Republican-led states and fossil fuel companies that sought to block the Environmental Protection Agency (EPA) from enforcing these methane rules, as well as a separate regulation aimed at reducing metallic toxins like mercury from fossil fuel power plants.
The legal battle will now continue in the lower courts, where the rules’ legitimacy will be further debated.
Biden Administration’s Methane Emission Rule
The methane rule, introduced by the Biden administration in January, is part of a broader strategy to address climate change by reducing greenhouse gas emissions. The EPA considers methane a “super pollutant,” significantly more potent than carbon dioxide, and attributes about one-third of current global warming to methane emissions. The oil and natural gas industry is identified as the largest industrial source of methane emissions in the United States.
This rule establishes how companies will be penalized for emissions that exceed thresholds set by Congress in the Inflation Reduction Act. Under the rule, companies will face fines, or “waste emissions charges,” starting at $900 per metric ton of methane in 2024. These fines will increase to $1,200 in 2025 and rise further to $1,500 in 2026 and beyond.
New EPA Rules for Power Plants
In addition to the methane regulations, the EPA finalized a new set of rules in April for coal-fired and natural gas-fired power plants. These regulations require existing coal-fired plants and new natural gas-fired plants to reduce 90% of their carbon pollution. The rules also mandate a 70% reduction in mercury emissions from existing lignite-fired sources, marking a significant step in the Biden administration’s effort to curb industrial pollution and promote cleaner energy.
Opposition from the Oil and Gas Industry and Republican-Led States
The new methane rule has faced strong opposition from industry groups and Republican-led states. The American Petroleum Institute (API), a leading voice in the oil and gas sector, criticized the rule as an “incoherent, confusing regulatory regime.” According to API, the rule could stifle innovation and hinder the industry’s ability to meet the growing demand for energy.
In March, a coalition of 24 Republican state attorneys general, led by Oklahoma Attorney General Gentner Drummond, filed a lawsuit against the EPA, arguing that the regulation would harm the oil and gas industry and increase energy costs for consumers. Drummond called the rule a “blatant attack on America’s oil and gas industry” and warned that it could cost Oklahoma thousands of jobs while devastating the state’s economy.
The group further argued that the Clean Air Act was never intended to promote one type of energy over another, accusing the EPA of favoring clean energy sources at the expense of fossil fuels.
Support for the EPA’s Rules
Despite the opposition, the EPA has defended its authority to implement the methane rule and other emissions regulations. Solicitor General Elizabeth Prelogar, representing the Biden administration, dismissed claims that the EPA was overstepping its authority. She maintained that the new rules do not violate states’ rights, emphasizing that the regulations are grounded in the EPA’s mandate to protect public health and the environment under the Clean Air Act.
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Next Steps for the Methane Rule and Emissions Regulations
With the Supreme Court’s decision not to block the regulations, the case will return to the lower courts for further legal proceedings. The outcome of these cases will determine whether the Biden administration’s climate policies will remain in place or be overturned. For now, the methane rule and other emissions regulations will continue to be enforced, marking a critical step in the administration’s efforts to combat climate change and reduce industrial pollution.
Conclusion
The Supreme Court’s refusal to halt the Biden administration’s new methane emissions rule represents a major development in the ongoing legal battles over environmental regulations. As the case progresses in the lower courts, the future of these critical climate policies hangs in the balance, with both the oil and gas industry and environmental advocates watching closely. The Biden administration remains committed to reducing greenhouse gas emissions and promoting cleaner energy sources, despite fierce opposition from industry groups and Republican-led states.
FAQs
- What is the new methane rule introduced by the Biden administration?
The new methane rule, announced in January, aims to reduce methane emissions from oil and gas production sites. The rule imposes fines on companies for emissions that exceed limits set by Congress, starting at $900 per metric ton in 2024 and increasing over the next two years. - Why is methane considered a “super pollutant”?
Methane is a potent greenhouse gas that is much more effective at trapping heat in the atmosphere than carbon dioxide. The EPA attributes about one-third of current climate warming to methane emissions, making it a key target for reduction in the Biden administration’s climate policies. - What other rules did the EPA finalize?
In addition to the methane rule, the EPA has introduced regulations for coal-fired and natural gas-fired power plants. These rules require existing coal plants and new natural gas plants to reduce carbon emissions by 90% and mandate a 70% reduction in mercury emissions from lignite-fired sources. - Why are Republican-led states and the oil industry opposed to the new methane rule?
Industry groups and Republican-led states argue that the methane rule will harm the oil and gas industry by increasing operational costs and stifling innovation. They also contend that the rule could result in job losses and higher energy prices for consumers. - What is the EPA’s justification for the methane rule?
The EPA defends the methane rule as a necessary measure to protect public health and combat climate change. The agency argues that the rule is well within its authority under the Clean Air Act and is essential for reducing emissions from the oil and gas sector. - What happens next for the methane rule?
With the Supreme Court’s refusal to block the methane rule, the legal battle will continue in the lower courts, where the rule’s legality will be debated. For now, the rule will remain in effect as the case proceeds.