The Supreme Court on Wednesday declined to block a Biden administration rule setting climate standards for power plants — but hinted it could take up the case at a later time.
The high court rejected requests from red states and industry stakeholders to temporarily halt the rule while other litigation against it plays out.
In a statement accompanying the decision, Justice Brett Kavanaugh said that while the rule’s challengers “have shown a strong likelihood of success on the merits” they are “they are unlikely to suffer irreparable harm” before a lower court can rule on the matter.
Specifically, he noted that they don’t need to start making changes to make their power plants more climate friendly until June 2025. But, he said parties could appeal a future decision from the DC Circuit where the case against the Biden administration’s regulation is currently playing out.
“After the D.C. Circuit decides the case, the nonprevailing parties could, if circumstances warrant, seek appropriate relief in this Court,” he wrote.
Justice Clarence Thomas dissented, and Justice Samuel Alito recused himself from the case.
This story is developing and will be updated. Zach Schonfeld contributed.
