The Supreme Court just gave the EPA a temporary win, refusing to block its new power plant rule, but West Virginia’s not waving any white flags. In a fiery response, Attorney General Patrick Morrisey vowed to continue the fight, saying this battle is far from over.
While Justices Kavanaugh and Gorsuch acknowledged that the states challenging the EPA have a solid case, they also pointed out that the rule won’t kick in until June 2025, meaning there’s no immediate harm… yet. But don’t get too comfortable—the real fireworks are just around the corner, as the court case is being fast-tracked for a decision this term.
The EPA’s power plant rule, which was finalized in April, demands that coal plants capture 90% of their carbon emissions by 2039, and gas plants will soon follow suit. But here’s the kicker: energy analysts are sounding the alarm. If this rule rolls out as planned, over 5 million people could be left in the dark—literally—with blackouts lasting up to 41 hours.
EPA says it’s got this covered, but its own numbers show almost no plants will actually have the technology in place anytime soon. And states aren’t buying it. Led by West Virginia, a coalition of two dozen states is suing, arguing the EPA is wildly overstepping its bounds.
In a stinging rebuke of the Biden administration’s climate policies, Morrisey pulled no punches: “This rule forces states to adopt unworkable technologies and strips them of their rights. We’ve seen this before, and we’ll fight it again.”
Back in 2022, the Supreme Court blocked a similar overreach in the Obama-era Clean Power Plan. Will history repeat itself? Stay tuned. One thing’s for sure: West Virginia isn’t backing down without a fight.
