In a 5-4 decision, the court granted the states' application to put the rule on hold while the case proceeds in the lower courts.The U.S. Supreme Court on Thursday temporarily blocked the Environmental Protection Agency’s “Good Neighbor Plan.” By a 5 to 4 vote, the court ruled that the emissions-reductions standards set by the plan were likely to cause “irreparable harm” to almost half the states unless the court halted the rule pending further review by the U.S.
The EPA’s Good Neighbor Plan aimed to ensure compliance with the 2015 Ozone National Ambient Air Quality Standards law. To carry out the law’s mandate, the EPA required “upwind” states to reduce air pollution affecting “downwind” states. Under the Good Neighbor rule, states are first given the chance to create a plan that complies with agency’s ozone guidelines. If a state fails to submit an adequate plan, the EPA then designs a compliance plan for the state.
Ohio, plus several other states, large industrial companies, and trade associations, challenged the EPA plan in court. They contended that the agency’s “dictatorial approach” failed to adequately consider the legal and practical implications of substituting its own plan for the state plans.
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