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Supreme Court Questions EPA's Cross-State Pollution Rule

The court's conservative majority expresses doubt over the effectiveness and implementation of the EPA's 'good neighbor' rule, which aims to reduce air pollution from power plants affecting downwind states.

FILE - Emissions rise from the smokestacks at the Jeffrey Energy Center coal power plant as the suns sets Sept. 18, 2021, near Emmett, Kan. The Biden administration is setting tougher standards for deadly soot pollution, saying that reducing fine particle matter from tailpipes, smokestacks and other industrial sources could prevent thousands of premature deaths a year. (AP Photo/Charlie Riedel, File)
Oral argument in Ohio v. EPA and the three consolidated cases will begin at 10 a.m. EST on Wednesday. (Tori Madden)
The four consolidated challenges to an EPA air pollution rule, fast-tracked off the justices' emergency docket in December, headlined Wednesday's arguments. (Katie Barlow)

Overview

  • The Supreme Court's conservative majority appeared skeptical about the EPA's 'good neighbor' rule aimed at reducing cross-state air pollution from power plants.
  • Three states and industry groups have challenged the rule, arguing it is costly and ineffective, leading to its suspension in a dozen states.
  • The EPA argues the rule is crucial for protecting downwind states from smog-causing pollution, emphasizing the health impacts and federal clean air deadlines.
  • Justices questioned the EPA's decision to proceed with the rule for 11 states despite initial plans for 23 states, and the case's urgency before other legal challenges are resolved.
  • Environmental and public health advocates support the rule as a life-saving measure, while industry critics claim it has an anti-coal bias and could increase electricity costs.