Supreme Court to hear cross-state pollution challenge Wednesday

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The Supreme Court will hear oral arguments Wednesday on a challenge to the Biden administration’s “Good Neighbor Rule” — which regulates the flow of air pollution from upwind to downwind states. 

Under the Environmental Protection Agency (EPA) rule, power plants in 23 upwind states would be required to tighten controls on their smog emissions by 2026.


Twelve of the states covered by the rule have sued and several appeals courts have frozen the rule in those states in response.


The case the court will hear Wednesday involves three other states, Ohio, Indiana and West Virginia, which appealed to the high court after a D.C. Court of Appeals declined to block the plan. 

The states, and trade associations backing them, have argued that states have superseding authority
on air quality, and that the federal plan violates the Administrative Procedure Act’s requirement that federal rules incorporate “reasoned decision-making.”


The EPA rejected 21 state plans before releasing its own. The three states argue that the Clean Air Act only allows the federal agency to take this step if state plans violate that law.

Welcome to The Hill’s Energy & Environment newsletter, we’re Rachel Frazin and Zack Budryk — keeping you up to speed on the policies impacting everything from oil and gas to new supply chains.

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