Why EPA’s New Gas Power Reg Will Get Struck Down by Court

In May, the Bidenistas at the EPA released a hellscape of new regulations (681 pages) aimed at forcing coal- and natural gas-fired power plants to close (see New Biden EPA Regs a “Death Sentence” for Fossil-Fuel Power Plants). The editors of the Wall Street Journal called the new EPA regulations “An EPA Death Sentence for Fossil-Fuel Power Plants,” with the subtitle “The Biden agency’s new rule means the end of natural gas-fueled electricity.” Last year, the U.S. Supreme Court knocked down a far less onerous set of EPA regs attempting to regulate carbon dioxide emissions from power plants (see West Virginia Wins Supreme Court Case Against EPA re Power Plants). According to Mario Loyola, a professor at Florida International University and senior fellow at the Heritage Foundation, EPA's newest version of those regs (from May) will certainly get challenged and almost certainly will be thrown out, as was the case last year.

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