Supreme Court rules on EPA's 'Good Neighbor' rule: What it means

WASHINGTON — The Environmental Protection Agency will not be able to enforce a key rule limiting air pollution in nearly a dozen states while separate legal challenges proceed around the country, under ais intended to restrict smokestack emissions from power plants and other industrial sources that burden downwind areas with smog-causing pollution.

States such as Wisconsin, New York and Connecticut said they struggle to meet federal standards and reduce harmful levels of ozone because of pollution from out-of-state power plants, cement kilns and natural gas pipelines that drift across their borders. A lawyer for industry groups that are challenging the rule said it imposes significant and immediate costs that could affect reliability of the electric grid. With fewer states participating, the rule may result in only a small reduction in air pollution, with no guarantee the final rule will be upheld, said industry lawyer Catherine Stetson.

“Acting well beyond its delegated powers” under the Clean Air Act, the EPA rule “proposes to remake the energy sector in the affected states toward the agency’s preferred ends,’' Republican lawmakers said in a friend-of-the-court brief.

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