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Supreme Court declines to block Biden’s coal waste rule



The Supreme Court has refused to stop a proposed Biden administration rule prevent legacy toxic waste of now-closed coal plants from seeping into and contaminating nearby groundwater.

In a brief order, the high court said it would deny an emergency request by 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 request. No dissents were observed.

The court’s action does not necessarily mean that the Supreme Court justices will find the rule admissible; it just means they’re not ready to block it at this stage, before the lower courts hear the challenges.

The rule in question applies to waste also known as “coal ash,” which contains hazardous substances such as mercury and arsenic.

Requires coal plants to close by October 19, 2015 take measures to prevent the coal ash from seepage from the “ponds” where they are stored.

Asking the court to stop the rule, the East Kentucky co-op argued it would suffer “sunny compliance costs” if the rule was not stopped.

Contributed by Zach Schonfeld.



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