West Virginia v. EPA

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1 Cite as: 604 U. S. ____ (2024)
Statement of K
AVANAUGH, J.
SUPREME COURT OF THE UNITED STATES
No. 24A95
WEST VIRGINIA, ET AL. v. ENVIRONMENTAL
PROTECTION AGENCY,
ET AL.
ON APPLICATION FOR STAY
No. 24A96
NATIONAL RURAL ELECTRIC COOPERATIVE v.
ENVIRONMENTAL PROTECTION AGENCY,
ET AL.
ON APPLICATION FOR STAY
No. 24A97
NATIONAL MINING ASSOCIATION, ET AL. v.
ENVIRONMENTAL PROTECTION
AGENCY,
ET AL.
ON APPLICATION FOR STAY
No. 24A98
NACCO NATURAL RESOURCES CORPORATION v.
ENVIRONMENTAL PROTECTION AGENCY, ET AL.
ON APPLICATION FOR STAY
No. 24A105
MIDWEST OZONE GROUP v. ENVIRONMENTAL
PROTECTION AGENCY,
ET AL.
ON APPLICATION FOR STAY

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2 WEST VIRGINIA v. EPA
Statement of K
AVANAUGH, J.
No. 24A106
ELECTRIC GENERATORS FOR A SENSIBLE
TRANSITION v. ENVIRONMENTAL
PROTECTION AGENCY,
ET AL.
ON APPLICATION FOR STAY
No. 24A116
EDISON ELECTRIC INSTITUTE, ET AL. v.
ENVIRONMENTAL PROTECTION AGENCY,
ET AL.
ON APPLICATION FOR STAY
No. 24A117
OHIO, ET AL. v. ENVIRONMENTAL PROTECTION
AGENCY,
ET AL.
ON APPLICATION FOR STAY
[October 16, 2024]
The applications for stay presented to THE CHIEF
JUSTICE and by him referred to the Court are denied.
J
USTICE THOMAS would grant the applications for stay.
J
USTICE ALITO took no part in the consideration or deci-
sion of these applications.
Statement of J
USTICE KAVANAUGH, with whom JUSTICE
GORSUCH joins, respecting the denial of applications for
stay.
In my view, the applicants have shown a strong likeli-
hood of success on the merits as to at least some of their
challenges to the Environmental Protection Agency’s rule.
But because the applicants need not start compliance work

3 Cite as: 604 U. S. ____ (2024)
Statement of K
AVANAUGH, J.
until June 2025, they are unlikely to suffer irreparable
harm before the Court of Appeals for the D. C. Circuit de-
cides the merits. So this Court understandably denies the
stay applications for now. Given that the D. C. Circuit is
proceeding with dispatch, it should resolve the case in its
current term. After the D. C. Circuit decides the case, the
nonprevailing parties could, if circumstances warrant, seek
appropriate relief in this Court pending this Court’s dispo-
sition of any petition for certiorari, and if certiorari is
granted, the ultimate disposition of the case.