In a 5-4 decision, the justices agreed to halt a lower court judge’s order throwing out the rule and sending it back to the Environmental Protection Agency.
Justice Elena Kagan argued that states and group that asked for a pause of the rule did not prove that it would cause “irreparable harm” and said the court should have allowed the appeal to proceed.The Biden administration has said it intends to rewrite the rule. Work on a revised rule has begun, but the administration has said a final rule isn’t expected until spring 2023.
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