The Supreme Court on Wednesday allowed a Biden administration regulation aimed at limiting planet-warming pollution from coal-fired power plants to remain in place as legal challenges play out.

The justices rejected a push from Republican-led states and industry groups to block the Environmental Protection Agency rule, marking the third time this month the conservative majority has left an environmental regulation in place for now.

One justice, Clarence Thomas, publicly dissented.

Two other conservative justices, Brett Kavanaugh and Neil Gorsuch, said in a brief order they thought the challengers would likely win on at least some of their claims eventually. But the rule doesn’t need to be blocked now because compliance work wouldn’t have to begin until June 2025 and the case could end up back before the high court relatively quickly, Kavanaugh wrote.

Justice Samuel Alito did not take part, likely due to his personal investment in one of the companies challenging the rule, Oklahoma Gas and Electric.

The rule requires many coal-fired power plants to capture 90% of their carbon emissions or shut down within eight years, though deadlines do not take effect for several years. The challengers argued that the EPA overstepped and imposed unattainable standards.

Rich Nolan, president and CEO of the National Mining Association, said his group would continue to fight the rule. He said it would require power plants to use unaffordable technology or shut down at a time when the nation’s electricity demand is forecast to double. “If this rule is allowed to stand the results for the American people and economy will be catastrophic,” he said,

The power industry is the nation’s second-largest contributor to climate change, and the rule is a key part of President Joe Biden’s pledge to eliminate carbon pollution from the electricity sector by 2035 and economy-wide by 2050.

The Natural Resources Defense Council said the new standards are modest but vital, and the court’s decision to leave them in place is a win for common sense. “This warrants a sigh of relief from the millions of Americans experiencing the impact of the climate crisis,” said attorney Meredith Hankins. An appeals court had allowed the EPA’s new power plant rule to go into effect.

The Supreme Court earlier this month also left two other regulations aimed at reducing industry emissions of planet-warming methane and toxic mercury in place for now.

Other environmental regulations have not fared well before the conservative-majority court in recent years. In 2022, the justices limited the EPA’s authority to regulate carbon dioxide emissions from power plants with a landmark decision. In June, the court halted the agency’s air-pollution-fighting “good neighbor” rule.

Another ruling in June, overturning a decades-old decision known colloquially as Chevron, is also expected to make environmental regulations more difficult to set and keep, along with other federal agency actions. The U.S. Chamber of Commerce cited that ruling in court papers supporting the challenge in the coal plant case.

Earlier Wednesday, the justices heard arguments in another environmental case that could limit the EPA’s ability to enforce clean water standards. The case involves an unusual dispute between the agency and liberal San Francisco over what the city says are impossibly vague rules for the discharge of untreated sewage into San Francisco Bay and the Pacific Ocean. The city could face fines of between $10 million, in the Biden administration’s view, to $10 billion, in San Francisco’s estimation. The court seemed divided with several conservative justices appearing favorable to San Francisco.

A panel of three judges — two nominated by Democratic President Barack Obama and one by Republican President Donald Trump — found that the states were not at risk of immediate harm because compliance deadlines do not take effect until 2030 or 2032.

The EPA projects the rule would yield up to $370 billion in climate and health net benefits and avoid nearly 1.4 billion metric tons of carbon pollution through 2047, equivalent to preventing annual emissions of 328 million gasoline-powered cars.

The Supreme Court left in place Friday two Biden administration environmental regulations aimed at reducing industry emissions of planet-warming methane and toxic mercury.

The justices did not detail their reasoning in the orders, which came after a flurry of emergency applications to block the rules from industry groups and Republican-leaning states. There were no noted dissents.

The high court is still considering challenges to a third Environmental Protection Agency rule aimed at curbing planet-warming pollution from coal-fired power plants.

The regulations are part of a broader effort by the Biden administration aimed at curbing climate change that includes financial incentives to buy electric vehicles and upgrade infrastructure, and rules tightening tailpipe pollution standards for cars and trucks.

The industry groups and states had argued the EPA overstepped its authority and set unattainable standards with the new regulations. The EPA, though, said the rules are squarely within its legal responsibilities and would protect the public.

An EPA spokesperson said Friday the agency is pleased that the Supreme Court denied applications to stay the final methane and mercury rules. EPA believes the rule tightening methane emissions from oil and gas drilling will deliver major climate and health benefits for all Americans, while the mercury rule will limit hazardous pollution from coal-fired power plants, spokesperson Remmington Belford said.

The methane rule will build on innovative technologies and solutions that many oil- and gas-producing states and companies are already using or have committed to use, while the mercury and air toxics rule “will ensure that the nation’s coal-fired power plants meet up-to-date standards for hazardous air pollutants,” Belford said.

Both rules are firmly grounded in the EPA’s authority under the Clean Air Act, he said. The Supreme Court has shot down other environmental regulations in recent years, including a landmark decision that limited the EPA’s authority to regulate carbon dioxide emissions from power plants in 2022, and another that halted the agency’s air-pollution-fighting “good neighbor” rule.

The methane rule puts new requirements on the oil and gas industry, which is the largest emitter of the gas that’s a key contributor to climate change. A lower court previously refused to halt the regulation.

Methane is the main component in natural gas and is far more potent than carbon dioxide in the short term. Sharp cuts in methane emissions are a global priority — including the United States — to slow the rate of climate change.

The methane rule targets emissions from existing oil and gas wells nationwide, rather than focusing only on new wells. It also regulates smaller wells that will be required to find and plug methane leaks.

Studies have found that smaller wells produce just 6% of the nation’s oil and gas but account for up to half the methane emissions from well sites. The plan also calls for a phased-in requirement for energy companies to eliminate routine flaring, or burning of natural gas that is produced by new oil wells.

The states challenging the rule called the new standards “impossible to meet” and said they amounted to an “attack” on the industry.

The mercury rule, meanwhile, came after a reversal of a move by the Trump administration. It updated regulations that were more than a decade old for emissions of mercury and other harmful pollutants that can affect the nervous system, kidneys and fetal development.

Industry groups and conservative-leaning states argued emissions were already low enough, and the new standards could force the shuttering coal-fired power plants.

A former California water official has pleaded guilty to conspiring to steal water in a deal with federal prosecutors in the state’s crop-rich Central Valley.

The Los Angeles Times reports Tuesday that 78-year-old Dennis Falaschi, who used to head the Panoche Water District, entered the plea in federal court in Fresno. He also pleaded guilty to filing a false tax return.

Falaschi was accused in a case that alleged that more than $25 million in water was stolen over two decades when it was siphoned from a federal irrigation canal through a secret pipe and sold to farmers and other water districts. The Panoche Water District supplies irrigation for farmland in Fresno and Merced counties — much of it from the federal Delta-Mendota canal.

Authorities said in court documents that Falaschi wasn’t the only one taking water, but did not specify who else was involved. They estimated Falaschi stole less than $3.5 million in water, a small portion of what they initially alleged had been stolen.

The case comes as California has embarked on a yearslong effort to conserve water use by passing a groundbreaking law to regulate groundwater pumping, encouraging urban users to replace thirsty lawns with more drought-friendly landscaping and ramping up water storage efforts to help the state navigate expected dry years ahead.

The state moved to reduce groundwater use after overpumping led farmers to drill deeper for water and some rural wells to grow dry. The prospect of pumping limits has worried California farmers who grow much of the country’s fresh produce.

Falaschi, who has agreed to cooperate with federal prosecutors in any additional investigations, is scheduled to be sentenced in September. He declined to speak with the newspaper after Tuesday’s hearing.

Assistant U.S. Attorney Joseph D. Barton also declined to comment.

Europe’s highest human rights court ruled Tuesday that countries must better protect their people from the consequences of climate change, siding with a group of older Swiss women against their government in a landmark ruling that could have implications across the continent.

The European Court of Human Rights rejected two other, similar cases on procedural grounds — a high-profile one brought by Portuguese young people and another by a French mayor that sought to force governments to reduce greenhouse gas emissions.

But the Swiss case, nonetheless, sets a legal precedent in the Council of Europe’s 46 member states against which future lawsuits will be judged.

“This is a turning point,” said Corina Heri, an expert in climate change litigation at the University of Zurich.

Although activists have had success with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change — and the first decision confirming that countries have an obligation to protect people from its effects, according to Heri.

She said it would open the door to more legal challenges in the countries that are members of the Council of Europe, which includes the 27 EU nations as well as many others from Britain to Turkey.

The Swiss ruling softened the blow for those who lost Tuesday.

“The most important thing is that the court has said in the Swiss women’s case that governments must cut their emissions more to protect human rights,” said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. “Their win is a win for us, too, and a win for everyone!”

The court — which is unrelated to the European Union — ruled that Switzerland “had failed to comply with its duties” to combat climate change and meet emissions targets.

The Supreme Court’s conservative majority seemed skeptical Wednesday as the Environmental Protection Agency sought to continue enforcing an anti-air-pollution rule in 11 states while separate legal challenges proceed around the country.

The EPA’s “good neighbor” rule is intended to restrict smokestack emissions from power plants and other industrial sources that burden downwind areas with smog-causing pollution.

Three energy-producing states — Ohio, Indiana and West Virginia — challenged the rule, along with the steel industry and other groups, calling it costly and ineffective. The rule is on hold in a dozen states because of the court challenges.

The Supreme Court, with a 6-3 conservative majority, has increasingly reined in the powers of federal agencies, including the EPA, in recent years. The justices have restricted EPA’s authority to fight air and water pollution — including a landmark 2022 ruling that limited EPA’s authority to regulate carbon dioxide emissions from power plants that contribute to global warming. The court also shot down a vaccine mandate and blocked President Joe Biden’s student loan forgiveness program.

The court is currently weighing whether to overturn its 40-year-old Chevron decision, which has been the basis for upholding a wide range of regulations on public health, workplace safety and consumer protections.

A lawyer for the EPA said the “good neighbor” rule was important to protect downwind states that receive unwanted air pollution from other states. Besides the potential health impacts, the states face their own federal deadlines to ensure clean air, said Deputy U.S. Solicitor General Malcolm Stewart, representing the EPA.

States such as Wisconsin, New York and Connecticut can struggle to meet federal standards and reduce harmful levels of ozone because of pollution from power plants, cement kilns and natural gas pipelines that drift across their borders.

Judith Vale, New York’s deputy solicitor general, said as much as 65% of some states’ smog pollution comes from out of state. The EPA plan was intended to provide a national solution to the problem of ozone pollution, but challengers said it relied on the assumption that all 23 states targeted by the rule would participate.

President Joe Biden’s administration on Friday proposed up to three oil and gas lease sales in the Gulf of Mexico, but none in Alaska, as it tries to navigate between energy companies seeking greater oil and gas production and environmental activists who want Biden to shut down new offshore drilling in the fight against climate change.

The five-year plan includes proposed sales in the Gulf of Mexico — the nation’s primary offshore source of oil and gas — in 2025, 2027 and 2029. The three lease sales are the minimum number the Democratic administration could legally offer if it wants to continue expanding offshore wind development.

Under the terms of a 2022 climate law, the government must offer at least 60 million acres of offshore oil and gas leases in any one-year period before it can offer offshore wind leases. The provision tying offshore wind to oil and gas production was added by Democratic Sen. Joe Manchin of West Virginia, a top recipient of oil and gas donations and a key vote in favor of the climate law, which was approved with only Democratic votes in Congress. The landmark law, the Inflation Reduction Act, was signed by Biden as a key step to fight climate change but includes a number of provisions authored by Manchin, a centrist who represents an energy-producing state.

For instance, if the Biden administration wants to expand solar and wind power on public lands, it must offer new oil and gas leases first.

“The Biden-Harris administration is committed to building a clean energy future that ensures America’s energy independence,” Interior Secretary Deb Haaland said in a statement. The proposed offshore leasing program “represents the smallest number of oil and gas lease sales in history” and “sets a course for (the Interior Department) to support the growing offshore wind industry,” she said.

The lease program will guard against environmental damage caused by oil and gas drilling and other adverse impacts to coastal communities, Haaland said.

If completed, the sales would increase climate-changing greenhouse gas emissions, according to a 300-page environmental review by the Interior Department’s Bureau of Ocean Energy Management. How much they will increase is uncertain because the review considered five or 10 new sales but not the three sales proposed.

President Joe Biden will travel to Arizona, New Mexico and Utah next week and is expected to talk about his administration’s efforts to combat climate change as the region endures a brutally hot summer with soaring temperatures, the White House said Monday.

Biden is expected to discuss the Inflation Reduction Act, America’s most significant response to climate change, and the push toward more clean energy manufacturing. The act aims to spur clean energy on a scale that will bend the arc of U.S. greenhouse gas emissions.

July has been the hottest month ever recorded. Biden last week announced new steps to protect workers in extreme heat, including measures to improve weather forecasts and make drinking water more accessible.

Members of Biden’s administration also are fanning out over the next few weeks around the anniversary of the landmark climate change and health care legislation to extol the administration’s successes as the Democratic president seeks reelection in 2024.

Vice President Kamala Harris heads to Wisconsin this week with Commerce Secretary Gina Raimondo to talk about broadband infrastructure investments. Secretary of Agriculture Tom Vilsack goes to Oregon to highlight wildfire defense grants, Transportation Secretary Pete Buttigieg will go to Illinois and Texas, and Secretary of Education Miguel Cardona heads to Maryland to talk about career and technical education programs.

The Inflation Reduction Act included roughly $375 billion over a decade to combat climate change and capped the cost of a month’s supply of insulin at $35 for older Americans and other Medicare beneficiaries. It also helps an estimated 13 million Americans pay for health care insurance by extending subsidies provided during the coronavirus pandemic.

The measure is paid for by new taxes on large companies and stepped-up IRS enforcement of wealthy individuals and entities, with additional funds going to reduce the federal deficit.

On a recent day under the July sun, three men heaved solar panels onto the roof of a roomy, two-story house near the banks of the Kentucky River, a few miles upstream from the state capitol where lawmakers have promoted coal for more than a century.

The U.S. climate law that passed one year ago offers a 30% discount off this installation via a tax credit, and that’s helping push clean energy even into places where coal still provides cheap electricity. For Heather Baggett’s family in Frankfort, it was a good deal.

“For us, it’s not politically motivated,” said Baggett. “It really came down to financially, it made sense.”

On August 16, after the hottest June ever recorded and a scorching July, America’s long-sought response to climate change, the Inflation Reduction Act, turns one year old. In less than a year it has prompted investment in a massive buildout of battery and EV manufacturing across the states.

Nearly 80 major clean energy manufacturing facilities have been announced, an investment equal to the previous seven years combined, according to the American Clean Power Association.

“It seems like every week there’s a new factory facility somewhere” being announced, said Jesse Jenkins, a professor at Princeton and leader of the REPEAT Project which has been deeply involved in analysis of the law.

The IRA is America’s most significant response to climate change, after decades of lobbying by oil, gas and coal interests stalled action, while carbon emissions climbed, creating a hotter, more dangerous world. It is designed to spur clean energy buildout on a scale that will bend the arc of U.S. greenhouse gas emissions. It also aims to build domestic supply chains to reverse China’s and other nations’ early domination of this vital sector.

One target of the law is cleaner transportation, the largest source of climate pollution for the U.S. Siemens, one of the biggest tech companies in the world, produces charging stations for EVs. Executives say this alignment of U.S. policy on climate is driving higher demand for batteries.

“We’ve been talking about bringing manufacturing jobs back to America for my entire life. We’re finally doing it, right? That’s pretty exciting,” he said.

Earth’s average temperature set a new unofficial record high on Thursday, the third such milestone in a week that already rated as the hottest on record.

The planetary average hit 63 degrees Fahrenheit (17.23 degrees Celsius), surpassing the 62.9-degree mark (17.18-degree mark) set Tuesday and equaled Wednesday, according to data from the University of Maine’s Climate Reanalyzer, a tool that uses satellite data and computer simulations to measure the world’s condition.

That average includes places that are sweltering under dangerous heat — like Jingxing, China, which checked in almost 110 degrees Fahrenheit (43.3 degrees Celsius) — and the merely unusually warm, like Antarctica, where temperatures across much of the continent were as much as 8 degrees Fahrenheit (4.5 degrees Celsius) above normal this week.

The temperature is ramping up across Europe this week, too. Germany’s weather agency, DWD, has predicted highs of 37C (99F) on Sunday and the Health Ministry has issued a warning to vulnerable people.

The National Oceanic and Atmospheric Administration on Thursday issued a note of caution about the Maine tool’s findings, saying it could not confirm data that results in part from computer modeling.

“Although NOAA cannot validate the methodology or conclusion of the University of Maine analysis, we recognize that we are in a warm period due to climate change,” NOAA said.

Still, the Maine data has been widely regarded as another troubling sign of climate change around the globe. Some climate scientists said this week they weren’t surprised to see the unofficial records.

A federal appeals court has sided with commercial fishermen who say proposed restrictions aimed at saving a vanishing species of whale could put them out of business.

The fishermen harvest lobsters and crabs off New England and oppose tough new restrictions on the way they fish that are intended to protect the North Atlantic right whale. The whale numbers only about 340 in the world and it’s vulnerable to lethal entanglement in fishing gear.

The fishermen and the state of Maine appealed their case to the U.S. Court of Appeals for the District of Columbia Circuit after losing in a lower court. The appeals court said Friday it disagreed with the lower court’s ruling.

The appeals court ruling could mean that the federal government must take another stab at crafting new rules to protect the whales. The restrictions would limit where lobster fishers can fish and what kind of gear they can use to try to prevent the whales from becoming entangled in fishing ropes.

The changes would represent a potential worst-case scenario for the lobster fishing industry, wrote Douglas H. Ginsburg, the senior judge of the appeals court, in Friday’s ruling.

“The result may be great physical and human capital destroyed, and thousands of jobs lost, with all the degradation that attends such dislocations,” Ginsburg wrote.

The fishers sued the National Marine Fisheries Service, an arm of the federal government. The service declined to comment on the lawsuit.

A district court judge ruled in September 2022 that the service used the best available data to create the new fishing restrictions. The rules are meant to reduce the likelihood that the whales will get caught in the vertical rope lines that run from the surface of the water to lobster and crab traps on the ocean floor.

Numerous conservationists have argued over the years that the trap lines pose too much of a risk to whales because even those that survive an entanglement can emerge less likely to thrive and reproduce.

“If they’ve been traumatized by ropes, and climate change, lack of food, they may wait for years to calve, maybe up to 12 years, and some never do,” said Michael Moore, director of the Woods Hole Oceanographic Institution Marine Mammal Center in Massachusetts. “It’s not only about mortality, it’s also about keeping the animals that are still alive healthy and growing.”

The whales were once abundant off the East Coast, but they were decimated during the commercial whaling era. Their populations have declined in the last several years, and they also face other threats such as collisions with large ships.

Maine Gov. Janet Mills, a Democrat, and other Maine politicians have sided with the fishermen, who feel the new fishing restrictions are based on flawed data and are overly punitive. The U.S. lobster fishing industry, worth hundreds of millions of dollars per year, is based largely in the state.

“We’re facing rules that are just nonsensical,” said Dave Cousens, a lobster fishermen and past president of the Maine Lobstermen’s Association. “They don’t pass a straight-face test.”

A lawsuit that Louisiana and other Republican-leaning states filed challenging figures the Biden administration uses to calculate damages from greenhouse gasses was dismissed Wednesday by a federal appeals court.

The unanimous decision by three judges on the 5th U.S. Circuit Court of Appeals in New Orleans was the latest defeat for states challenging the Biden “cost of carbon” policy. It leaves the administration to continue using a damage cost estimate of about $51 per ton of carbon dioxide emissions as it develops environmental regulations. That estimate is under review by the administration and could increase.

The Biden cost estimate had been used during former President Barack Obama’s administration. President Joe Biden restored it on his first day in office after the administration of former President Donald Trump had reduced the figure to about $7 or less per ton.

A federal judge in Louisiana had ordered a halt to the administration’s approach early last year after the states filed a lawsuit. The states said the policy threatened to drive up energy costs while decreasing state revenues from energy production.

The 5th U.S. Circuit Court of Appeals in New Orleans blocked the judge’s order and the Supreme Court declined to intervene. On Thursday the appeals court dismissed the case, saying the challenging states had no standing to sue because they had not shown that the regulations caused the economic harms their lawsuit cited.