The United States Supreme Court is set to hear oral arguments in February on an emergency petition to stay a rule issued by the Environmental Protection Agency (EPA) that could have a significant impact on emissions regulations across the country. This rule, known as the “Good Neighbor” rule, is intended to limit air pollution that is blown by the wind from one state to another. However, plaintiffs in the lawsuit argue that the rule poses unreasonable regulatory burdens on downwind states, and are seeking to have the rule stayed.
What is the Good Neighbor Rule?
The Good Neighbor rule is a new regulation put forward by the EPA that imposes regulatory restrictions on states that produce pollution that can cause smog downwind of them. More specifically, it requires states to regulate emissions of nitrogen oxide, a chemical that can cause smog once it enters the atmosphere. Nitrogen oxide is produced whenever fuel is burned at high temperatures, including from automobiles, power plants, and from certain industrial processes.
What is the Purpose of the Good Neighbor Rule?
The Good Neighbor Rule is meant to regulate emissions of highly polluting chemicals in the atmosphere that have a tendency to cause negative effects in states other than those that produce them. At the moment, regulation of such chemicals (including nitrogen oxide) is difficult at the state level because of how they are blown downwind, meaning a neighboring state can have significant consequences on another state’s environmental well-being. The Good Neighbor rule would impose limitations on all states, including major polluters, to improve overall air quality.
Why Are People Suing to Stop the Rule?
The consolidated lawsuit filed against the EPA, which includes energy companies, trade groups, and multiple states as plaintiffs, is aimed at bringing an emergency stay to prevent the rule from coming into effect. The lawsuit claims that the emissions goals put forward by the rule are “potentially unachievable,” and could negatively impact the ability of states to provide electrical power to citizens. The EPA, meanwhile, argues that a stay would impose negative effects on downwind states, including increased regulatory burdens and worse health outcomes.
What Impact Could This Have?
If implemented, the Good Neighbor rule could result in a substantial improvement in air quality for states that must deal with pollution from upwind states. Meanwhile, if the lawsuit is successful in staying the rule, it could delay implementation, or prevent it from occurring entirely. Ultimately, it will be up to the Supreme Court to decide, with opening briefs due on January 26.
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