DOJ Asks Supreme Court to Toss Petition on EPA Climate Authority

The Biden administration wants the U.S. Supreme Court to scrap petitions from Republican-led states and industry that seek review of the EPA’s authority to regulate greenhouse gases under the Clean Air Act.

It’s too early to probe questions on the scope of the Environmental Protection Agency’s authority to regulate carbon for power plants under the Clean Air Act’s Section 7411(d), since the agency is actively working to establish new rules, according to a Justice Department brief filed late Thursday.

Any fights over the agency’s authority in the matter “would more appropriately occur at the conclusion of the upcoming rulemaking, when ...