"Supreme Court Likely To Block EPA Ozone Regulation"

"The Supreme Court on Wednesday appeared sympathetic to a group of states, companies, and trade associations seeking to temporarily block a rule issued by the Environmental Protection Agency to reduce air pollution from power plants and other industrial facilities in 23 states that do not want to adjust their emissions policies. During approximately 90 minutes of oral arguments, the court’s conservative justices voiced skepticism about the process that the EPA followed in implementing the rule, while the court’s liberal justices questioned the wisdom of putting the rule on hold before any lower court has had a chance to weigh in.

The law at the center of the case is known as the “good neighbor” provision of the Clean Air Act. It requires “upwind” states to reduce emissions that affect the air quality in “downwind” states.

In 2015, the EPA issued new air-quality standards for ozone pollution, which at high levels can cause major health problems. The new EPA standards triggered an obligation for states to submit plans to indicate both how they would comply with those standards and, in particular, how they would reduce emissions that affect the air quality in downwind states."

Amy Howe reports for SCOTUSblog February 21, 2024.


"Greens Fear Thorny Supreme Court Precedent In EPA Air Fight" (E&E News)

"Supreme Court Justices Lean Toward EPA Critics In ‘Good Neighbor’ Battle" (E&E News)

"Supreme Court Seems Ready to Block a Biden Plan on Air Pollution" (New York Times)

"Supreme Court Seems Poised To Halt EPA Plan To Cut Cross-State Pollution" (Washington Post)

"Supreme Court Seems Skeptical Of EPA’s ‘Good Neighbor’ Rule On Power Plant Pollution" (AP)

Source: SCOTUSblog, 02/22/2024