Coal news and updates

Supreme Court Declines to Block Biden EPA Coal Ash Rule

On Wednesday, the Supreme Court rejected a request from a Kentucky electric utility to block a rule set by the Environmental Protection Agency aimed at addressing the leaking of a form of toxic waste, known as coal ash, into the groundwater, the The New York Times reported.

But, notably, the Supreme Court allowed a challenge to the rule to move forward in the U.S. Court of Appeals for the District of Columbia Circuit.

No reasons were given for the decision, according to the Supreme Court's brief, which is said to be typical of emergency applications. Also, no dissents were recorded.

East Kentucky Power Cooperative, the utility company in question, challenged the EPA's rule, initially set under the Biden administration, in a Washington federal appeals court. There, the utility company argued that the agency had exceeded its statutory authority by requiring the monitoring of facilities no longer producing coal ash. However, the appeals court denied the utility company's request.

The utility company then sought the Supreme Court's intervention, which gave the decision to reject the request. The Hill reported that the Supreme Court would likely not hear the case until it is tried in a lower court.

Coal ash is a substance that contains mercury and arsenic.