The Supreme Court is set to hear a pivotal case on Wednesday, as it considers a challenge to the Biden administration’s “Good Neighbor Rule,” a contentious Environmental Protection Agency (EPA) regulation aimed at curbing the cross-state flow of air pollution.
The rule, slated to take effect by 2026, mandates power plants in 23 upwind states to enhance their smog emission controls, sparking a legal battle with serious implications for environmental policy and federal-state relations.
A dozen states, led by Ohio, Indiana, and West Virginia, have filed suit against the rule, arguing that it infringes upon their authority to regulate air quality within their borders.
The states contend that the Clean Air Act only empowers the EPA to intervene in cases where state plans violate federal law, whereas the EPA maintains that it has the discretion to reject state plans that fail to adequately address interstate pollution.
The legal dispute has already resulted in appeals courts freezing the rule in several states, and the Supreme Court’s decision is eagerly anticipated.
As the high court hears oral arguments, the stakes are high, with the outcome poised to shape the future of environmental regulation and the balance of power between the federal government and states.