Supreme Court blocks EPA’s ‘downwind’ air-quality initiative

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States, trade associations and companies sought to pause the EPA’s “good neighbor” plan to fight downwind pollution, which is being challenged in a lower court.

The Supreme Court dealt a blow to the Environmental Protection Agency’s regulation of air quality on Thursday, putting on hold a major initiative to improve public health by reducing smog-forming pollution from power plants and factories that blows across state lines.

In this year’s case, a divided court sided 5-4 with states, trade associations and companies that asked for a pause on the agency’s ambitious “good neighbor” plan as they challenge it in a lower court. The states of Ohio, Indiana, West Virginia and other groups asking for a hold on the plan argued that it was unworkable and illegal, would require industries to spend billions for upgrades to cut pollution, and could even lead to power and heating shortages by forcing plants to shutter.

 

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