The Supreme Court announced on Wednesday that it will be hearing oral arguments relating to a request from Republican-led states and industry to halt implementation of an Environmental Protection Agency rule aimed at cutting interstate air pollution.
The court will weigh a consolidated petition from red states and a number of industry players to stay the EPA’s “good neighbor” rule, which is meant to prevent smog and other forms of emissions stemming from industrial facilities to drift into other states and worsen the air quality. Under the Clean Air Act, the EPA is mandated to update its interstate pollution rules to be aligned with the latest science and public health guidelines.
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The newest rule, which was finalized in March, would require 23 states that were previously not meeting the requirements to adhere to the regulation. In practice, industrial plants would need to be outfitted with new and potentially costly pollution control technology. The rule would require plants to run the technology during peak summertime “ozone season.”
However, the rule was challenged in a number of courts across the country — with 12 states winning orders delaying the EPA action.
In October, Ohio, Indiana, and West Virginia filed an emergency request with the Supreme Court arguing that the EPA is overreaching its authority and asserting the agency’s role under the Clean Air Act is “‘ministerial’ in nature.”
“The EPA ‘shall approve’ any state plan that meets statutory requirements … regardless of whether the EPA has a differing vision of how best to meet statutory goals,” the application reads.
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With a conservative majority, the Supreme Court could follow precedent in curbing agencies’ authority. Last year, the Supreme Court ruled with Republican-led states and coal companies in West Virginia v. EPA in arguing lower courts were wrong in their interpretation of the Clean Air Act to give the EPA more power to curb carbon emissions.
Oral arguments are scheduled to take place in the February 2024 argument session.