Cite as: 604 U. S. ____ (2024) 1

Statement of KAVANAUGH, 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 2 WEST VIRGINIA v. EPA

Statement of KAVANAUGH, 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. JUSTICE THOMAS would grant the applications for stay. JUSTICE ALITO took no part in the consideration or deci- sion of these applications. Statement of JUSTICE 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 Cite as: 604 U. S. ____ (2024) 3

Statement of KAVANAUGH, 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.