WASHINGTON — The Supreme Court is putting the Environmental Protection Agency’s air pollution-fighting “good neighbor” plan on hold while legal challenges continue, the conservative-led court’s latest blow to federal regulations.
The Supreme Court, with a 6-3 conservative majority, has increasingly reined in the powers of federal agencies, including the EPA, in recent years. The justices have restricted the EPA’s authority to fight air and water pollution — including a landmark 2022 ruling that limited the EPA’s authority to regulate carbon dioxide emissions from power plants that contribute to global warming. The court also shot down a vaccine mandate and blocked President Joe Biden’s student loan forgiveness program.
The challengers pointed to decisions in courts around the country that have paused the rule in a dozen states, arguing that those decisions have undermined the EPA’s aim of providing a national solution to the problem of ozone pollution because the agency relied on the assumption that all 23 states targeted by the rule would participate.
The EPA has said power plant emissions dropped by 18% last year in the 10 states where it has been allowed to enforce its rule, which was finalized a year ago. Those states are Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia and Wisconsin. In California, limits on emissions from industrial sources other than power plants are supposed to take effect in 2026.
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