Supreme Court declines to block Biden coal waste rule

The Supreme Court has declined to halt a Biden administration rule that seeks to prevent legacy toxic waste from now-shuttered coal plants from leaking out and contaminating nearby groundwater.

In a brief order, the high court said it would deny an emergency request from the East Kentucky Power Cooperative to temporarily block the rule from taking effect while underlying litigation against it plays out.

The Supreme Court did not offer an explanation for its rejection of the power cooperative’s petition. No dissents were noted.

The court’s move does not necessarily mean that the Supreme Court's justices believe the rule is permissible; it just means they are not ready to block it at this stage — before lower courts hear challenges to it.

The rule in question applies to waste that’s also known as “coal ash” — which contains dangerous substances like mercury and arsenic.

It requires coal plants that closed before October 19, 2015, to take steps to prevent coal ash from leaking out of “ponds” where it is stored.

Asking the court to halt the rule, the East Kentucky co-op argued that it would suffer from “unrecoverable compliance costs” if the rule is not halted.

Zach Schonfeld contributed.

Topics

Montana Supreme Court upholds lower court ruling that allows gender-affirming care for minors

The Montana Supreme Court is continuing to block a law that sought to ban gender-affirming medical care for minors while it goes through the courts
ABC News - 3h
Kroger-Albertsons Merger Blocked by Court

The ruling hands a victory to Biden antitrust enforcers, who said the $20 billion supermarket merger would erode competition and raise prices for consumers.
The Wall Street Journal - 1d
Supreme Court hears NEPA case

Click for the latest from The Hill {beacon} Energy & Environment Energy & Environment The Big Story Supreme Court hears NEPA case The Supreme Court appears likely to rein in the scope of one of ...
The Hill - 1d
US Supreme Court rulings usher in era of regulatory caution

A push by conservatives to cut red tape will raise the bar for enforcement and cause uncertainty for business
Financial Times - 1d
Supreme Court won't hear case over Hawaii's rules for handguns

The Supreme Court on Monday declined to take up a Hawaii man's appeal of his prosecution for carrying a handgun without a license.
CBS News - 2d
Supreme Court declines to intervene in challenge to Wisconsin school district’s transgender policy

The Supreme Court on Monday declined to intervene in a case involving a group of Wisconsin parents who sued their children’s school district over a policy meant to support transgender students, ...
The Hill - 2d
Jan. 6 rioter gets months off sentence thanks to Supreme Court obstruction ruling

The first Jan. 6 rioter to face trial is now the second to receive a reduced sentence following the Supreme Court’s narrowing of an obstruction charge used against scores of participants in the ...
The Hill - 5d
Appeals court upholds TikTok ban, declining to block law that would force sale

An appeals court judge wrote that the law that would force a sale or ban of TikTok "survive[s] constitutional scrutiny."
CBS News - 5d
Supreme Court divided over FDA block on kid-friendly flavored vapes

With e-cigarette sales booming, the Supreme Court heard arguments over whether the FDA unlawfully blocked approval of more than a million new flavored nicotine products.
ABC News - Dec. 2