The Supreme Court’s conservatives are skeptical of the Biden administration’s efforts to reduce smog and air pollution across state lines.
Three Republican-led states and industry groups want to halt the EPA’s “good neighbor” plan, which imposes emission limits on upwind states.
Justices questioned the plan’s application and potential impact on upwind states and industries.
“I agree with you about the equities of the downwind states,” Justice Brett Kavanaugh said, “but there’s also the equities of the upwind states and the industry. They’re both major.”
“If we’re going to entertain every motion that someone has about being harmed, or whatnot, in the lower courts before any of the lower courts even get the opportunity to talk about it – I feel like we have to have something that guides our consideration of when to do that,” Justice Ketanji Brown Jackson said.
The court must decide whether to temporarily block the EPA’s efforts while legal battles continue.
“Polluting industries always challenge pollution regulations because it costs them money to protect our health,” Earthjustice senior vice president Sam Sankar said. “We’re hoping that a few members of the court’s right-wing supermajority will remember that they shouldn’t be second-guessing sound judgments about what’s best for our kids’ lungs.”
The case has shed light on the debate over federal agency regulations and the Clean Air Act’s requirements.
Critics argue the plan could harm industries and destabilize power grids, while supporters emphasize the importance of protecting public health.
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