Jon Styf  |  December 26, 2023

Category: Legal News
Silhouette of smog being expelled from a power plant, representing the Supreme Court EPA hearing.
(Photo Credit: kamilpetran/Shutterstock)

Supreme Court EPA overview: 

  • Who: The U.S. Supreme Court said it will hear four cases related to the Environmental Protection Agency’s (EPA) pollution regulations. 
  • Why: The EPA pollution Good Neighbor Rules were aimed at cutting smog-forming nitrogen oxide pollution from power plants and other industrial facilities in 23 states.
  • Where: The Supreme Court EPA order was issued from Washington, D.C.

The Supreme Court said it will hear arguments in February on the Environmental Protection Agency’s (EPA) pollution regulations.

The Good Neighbor Rules are being challenged as the EPA aims to cut smog-forming nitrogen oxide pollution from power plants and other industrial facilities in 23 states. 

A Supreme Court order said that one hour will be reserved for arguments and the parties in the four cases should be prepared to “address, among other issues related to the challenge based on the SIP disapprovals, whether the emissions controls imposed by the Rule are reasonable regardless of the number of states subject to the rule.” 

The EPA pollution reduction rules promised to reduce ozone nitrogen oxide pollution by approximately 70,000 tons in 2026 and by 2027 see a 50% pollution reduction from where levels were in 2021.

Supreme Court EPA opponents claim rules are vague, too costly

Opponents of the EPA pollution rules claim they “wrongly usurps states’ authority to develop their own plans for controlling emissions and air pollution,” according to Law360.

The opposing pipeline companies say that the EPA pollution rules are vague and impose “impossible” standards that will force companies to spend millions in compliance costs, Law360 reported.

The EPA projects that, in 2026 alone, that the pollution reduction rules will prevent approximately 1,300 premature deaths, more than 2,300 hospital and emergency room visits, cut asthma symptoms by 1.3 million cases, avoid 430,000 school absence days and avoid 25,000 lost work days.

“EPA’s ‘Good Neighbor’ plan will lock in significant pollution reductions to ensure cleaner air and deliver public health protections for those who’ve suffered far too long from air-quality related impacts and illness,” EPA Administrator Michael S. Regan said in a news release announcing the rules. 

A group of children has filed a lawsuit against the U.S. Environmental Protection Agency over claims it is being actively harmed and discriminated against by the agency’s alleged “affirmative allowance of dangerous levels of climate pollution.”

Do you believe the EPA should be able to enforce rules to cut the environmental impact of power plants and industrial facilities? Let us know in the comments.


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