The Supreme Court appears ready to limit the Biden EPA’s authority to regulate cross-state air pollution.
It is considering blocking a “good neighbor” rule requiring 23 upwind states to reduce ozone pollution affecting downwind states.
While the rule currently applies to 11 states, some are challenging it.
Justices expressed skepticism toward the EPA’s justification.
Cross-state pollution can travel hundreds of miles and harm public health.
Lawyers argued the rule is needed to protect downwind states as required by law.
“In the good neighbor provision, Congress protected downwind states from pollution emitted in upwind states,” lawyer Judith Vale said.
“A stay of the good neighbor rule would undermine that statutory goal and the public interest by sending ozone pollution into downwind states, including Connecticut, Wisconsin, and New York, that receive substantial pollution from the particular upwind states that are currently in the rule, including Ohio and Indiana.”
Blocking it could undermine that goal by increasing ozone in states like Connecticut, Wisconsin and New York.
The EPA says upwind states must control their pollution contributions to downwind areas.
“It would delay efforts to control pollution that contributes to unhealthy air in downwind states, which is contrary to Congress’s express directive that sources in upwind states must assume responsibility for their contributions to emissions levels in downwind states,” the EPA stated.
As the court deliberates, people can take precautions on high pollution days and support clean energy efforts to prevent harmful emissions.
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