The Supreme Court has dealt a further blow to a Biden-era “good neighbor” rule intended to limit the spread of smog-forming emissions across state lines.
In an 8-0 opinion released Wednesday, the high court found that states can contest EPA’s earlier decision to first disapprove state good neighbor plans in regional appellate courts instead of the U.S. Court of Appeals for the District of Columbia Circuit, which is the usual venue for bringing challenges to nationally applicable rules.
Particularly in Republican-leaning areas, those regional courts are often seen as friendlier to state and industry interests.
The Supreme Court’s opinion, written by Justice Clarence Thomas, overturns a ruling by the 10th U.S. Circuit Court of Appeals in litigation brought by Oklahoma and Utah. Justice Samuel Alito recused himself from the opinion without explanation.
Under the Clean Air Act’s good neighbor provision, states are barred from allowing releases of smog-forming emissions from power plants and other industrial sources that contribute to downwind compliance problems outside of their borders. EPA’s disapproval of the state plans in early 2023 was a prerequisite for release of the federal alternative soon after by then-President Joe Biden’s administration.
The Supreme Court last year stayed implementation of the federal plan, which EPA under current President Donald Trump now plans to repeal.
The agency is reviewing the opinion, a spokesperson said in an email.
