The U.S. Supreme Court on Thursday temporarily blocked the Environmental Protection Agency鈥檚 鈥淕ood Neighbor Plan.鈥� By a 5 to 4 vote, the court ruled that the emissions-reductions standards set by the plan were likely to cause 鈥渋rreparable harm鈥� to almost half the states unless the court halted the rule pending further review by the U.S. Court of Appeals for the District of Columbia.
The EPA鈥檚 Good Neighbor Plan aimed to ensure compliance with the 2015 Ozone National Ambient Air Quality Standards law. To carry out the law鈥檚 mandate, the EPA required 鈥渦pwind鈥� states to reduce air pollution affecting 鈥渄ownwind鈥� states. Under the Good Neighbor rule, states are first given the chance to create a plan that complies with agency鈥檚 ozone guidelines. If a state fails to submit an adequate plan, the EPA then designs a compliance plan for the state. In February 2023, the EPA determined that 23 states had not provided sufficient plans and the agency then decided to implement its own emissions-control program for those states.
Ohio, plus several other states, large industrial companies, and trade associations, challenged the EPA plan in court. They contended that the agency鈥檚 鈥渄ictatorial approach鈥� failed to adequately consider the legal and practical implications of substituting its own plan for the state plans. The opponents also argued that the plan鈥檚 implementation would cause significant economic and operational harm, particularly by forcing states to undertake costly modifications to their power plants while judicial review is pending in the U.S. Court of Appeals for the District of Columbia.
On Thursday, the Supreme Court agreed with the states.
The decision was a major loss for environmental groups and downwind states; they warned that halting the Good Neighbor Plan could lead to continued ozone pollution, adversely affecting public health and the environment. For its part, the EPA maintained that the plan was crucial for achieving national air quality standards and protecting downwind states from the harmful effects of upwind pollution.
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