The United States Environmental Protection Agency (EPA) in a brief filed this week to the U.S. Supreme Court, challenged calls for an emergency stay request of it’s carbon rule for power plants.

The rule, which was previously upheld by a federal appeals court last month, is being challenged by several states, including Ohio Attorney General Dave Yost, to stay the agency’s rule of emission limits for new gas and existing coal-fired power plants.

The EPA and critics of the rule are posturing for a legal battle, and with the court more likely to use the emergency docket, the battle will likely continue.

The justices have previously used the emergency docket to block similar “clean power” initiatives, blocking an Obama era rule in 2018 which would eventually be invalidated in the 2022 West Virginia v. EPA. 8/19/2024