Supreme Court Blocks EPA Ozone Plan, Sides with States

WASHINGTON, DC – Joe Biden’s Environmental Protection Agency likely violated federal law with its ozone plan, the Supreme Court“The Clean Air Act envisions States and the federal government working together to improve air quality. Under that law’s terms, States bear primary responsibility for developing plans to achieve air-quality goals,” Justice Neil Gorsuch began for the majority.

“Because the States bear primary responsibility for developing compliance plans, EPA has no authority to question the wisdom of a State’s choices of emission limitations,” the majority held, quoting precedent. “So long as a SIP satisfies the applicable requirements of the Act, including the Good Neighbor Provision, EPA shall approve it within 18 months of its submission.”

“The States and the private applicants also stress that complying with the FIP during the pendency of this litigation would require them to incur hundreds of millions, if not billions of dollars,” he added. “Those costs, the applicants note, are nonrecoverable.” “We agree with the applicants that EPA’s final FIP likely runs afoul of these long-settled standards,” the majority ruled. “The problem stems from the way EPA chose to determine which emissions contributed significantly to downwind States’ difficulty meeting national ozone standards.”

“With the government’s theories unavailing, the dissent advances others of its own,” the majority wrote, rebutting the points raised in the case’s dissenting opinion. “It begins by suggesting that the problem the applicants raise was not important enough to warrant a reasoned reply from the agency because the methodology EPA employed in its FIP appears not to depend on the number of covered States.

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