In a recent decision, the United States Supreme Court has blocked the enforcement of the Environmental Protection Agency’s (EPA) “good neighbor” rule. The rule was meant to help prevent “downwind” pollution where one state’s emissions caused pollution in another state. As a result of this ruling, however, the EPA’s authority will be much more limited, and polluting states will be more free to continue their current activities without limiting emissions.
What is the Good Neighbor Rule?
The good neighbor rule, as it was called, was an administrative rule passed by the EPA that would make states accountable for ozone emissions generated by their state that caused pollution in other states. This rule was made to account for states that rely on heavily polluting industries and have lax environmental standards, but whose emissions have negative impacts on neighboring states due to being blown there by the wind. This makes those states have a harder time meeting EPA air quality standards, despite following the agency’s guidelines.
What Was the Lawsuit About?
Ohio, Indiana and West Virginia (along with a collection of steel manufacturers) sued the EPA, alleging that the good neighbor rule was illegal. They claim that it was a costly and ineffective solution, and asked the court to block its enforcement while it was being litigated by the courts. They also claim that it failed to accomplish its goal of addressing emissions on a federal scale, as only 11 of the 23 targeted states have elected to participate in the program for reducing ozone emissions.
Why Was it Blocked?
In a 5-4 decision, the Supreme Court blocked the enforcement of the good neighbor rule, arguing that the lawsuit against the EPA would be likely to win on the merits. Thus, blocking the rule was warranted since it would not likely to survive the current litigation against. The dissent disagreed, saying that the lawsuit would not likely win on the merits, arguing that the good neighbor rule should be enforced until and unless it was struck down.
What Happens Now?
While this does not kill the rule entirely, it does mean it will not come into effect until litigation surrounding the rule has finished. This means it could take years before the EPA could begin enforcing it, assuming it is not struck down at all. This is potentially devastating for states that will continue to suffer from downwind pollution without a rule to hold their neighboring polluting states accountable.
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