Supreme Court halts enforcement of EPA plan to limit downwind pollution from power plants

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With its conservative majority, in recent years the justices have restricted the federal agency’s authority to fight air and water pollution.

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.on Thursday rejected arguments by the Biden administration and Democratic-controlled states that the plan was cutting air pollution and saving lives in 11 states where it was being enforced and that the high court’s intervention was unwarranted.

Three energy-producing states — Ohio, Indiana and West Virginia — have challenged the air pollution rule, along with the steel industry and other groups, calling it costly and ineffective. They had asked the high court to put it on hold while their challenge makes it way through the courts. But not this time. The court heard arguments in late February, when a majority of the court seemed skeptical of arguments from the administration and New York, representing Democratic states, that the “good neighbor” rule was important to protect downwind states that receive unwanted air pollution from other states.

 

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