(LibertySons.org) – The US Supreme Court is reviewing the “Good Neighbor” smog policy, which the Environmental Protection Agency (EPA) has been using in attempts to add even more regulations to the emissions of several states. The agency, under the Biden administration, has long butted heads with energy companies and manufacturers over the pollution they create, but some leaders say the EPA goes too far in dictating how states handle their downwind drifts.
The attorneys general for Ohio, Indiana, and Virginia submitted their application to the court in October 2023. The document notes that the EPA allows each state to approach the Clean Air Act in its own way as long as the agency approves the strategy. It’s only supposed to step in when states fail to submit plans that meet its criteria. The agency added updates to its ozone standards in 2015, forcing states to update their plans, and the plaintiffs all reportedly complied. Despite their cooperation, the EPA rejected many of their plans on the basis that their emissions could drift downwind, affecting neighboring states.
The EPA then proposed its own strict federal implementation plan to cover all of the rejected states, even before deadlines had passed for its response. Numerous leaders filed petitions to challenge their plans’ disapproval, leading to a string of litigation over the matter. The case recently made its way to the Supreme Court.
The plaintiffs maintain that the EPA’s restrictions are too strict, with regulations that would force many companies to change their operations or face heavy penalties. Some may have no choice but to shut down. Even more, the states argue that many of the EPA’s figures are arbitrary. Specifically, they note that about 75% of the emissions the plan seeks to control are already exempt from federal restrictions.
The New York Times reports that the Supreme Court appears to be leaning in favor of the states, but the justices aren’t likely to reach a decision before June.
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