NRECA Seeks Supreme Court Stay of EPA Power Plant Rule

EPA’s power plant rule “undermines electric reliability and poses immediate and grave consequences for an already stressed electric grid,” NRECA CEO Jim Matheson said. (Photo By: Alexis Matsui/NRECA)

Amid growing threats to the electric grid, NRECA asked the U.S. Supreme Court on Tuesday to put the Environmental Protection Agency’s final power plant greenhouse gas rule on hold.

NRECA filed the new application for stay after the U.S. Court of Appeals for the District of Columbia Circuit rejected an earlier request to stay the rule.

“This rule poses a significant threat to affordable and reliable electricity for millions of Americans, especially as power demand skyrockets across the nation,” NRECA CEO Jim Matheson said. “A Supreme Court stay is necessary to prevent immediate harm to the nation’s electric grid and the American economy.”

The final rule, which the EPA released in April, requires most existing coal plants operating past the start of 2039 and new baseload gas-fired facilities to capture at least 90% of their carbon emissions by 2032. To comply with the rule, most of those plants would need to shut down or install costly carbon capture technology that has not been adequately demonstrated.

In May, NRECA filed a lawsuit seeking to overturn the rule. Several co-ops have said the regulation would make them spend billions of dollars on compliance, substantially raising costs for members. The rule could force co-ops to deploy carbon capture systems that may not satisfy the agency’s emissions targets or build renewable energy facilities that are not as reliable as traditional resources.

“The path outlined by the EPA is unlawful, unrealistic and unachievable,” Matheson said. “We are confident that the Supreme Court will recognize the immediate need for a stay given the grave consequences posed by this rule to an already stressed grid.”

Molly Christian is a staff writer for NRECA.