On the EPA’s Good Neighbor Plan: The Supreme Court’s Final Decision and Its Effects on the Public Health, Air Quality and Power Systems

While the stay is temporary, the decision signals that the conservative-leaning Supreme Court is likely to rule in favor of states opposing the EPA’s plan if the issue makes it to the nation’s highest court again for a final decision on the plan’s legal merit. It will be harder to improve air quality since pollutants don’t stay in one place.

The decision was a major loss for environmental groups and downwind states; they warned that halting the Good Neighbor Plan could lead to continued ozone pollution, adversely affecting public health and the environment. For its part, the EPA maintained that the plan was crucial for achieving national air quality standards and protecting downwind states from the harmful effects of upwind pollution.

The rules wouldn’t be fully enforced until 2026, but many states were quick to object. The plan was put under a stay by the lower courts in some states. The remaining 11 states, Ohio and its fellow plaintiffs say, would face “irreparable, economic injuries” if forced to comply. They also argue that the EPA’s measures would put undue pressure on the power grid and wouldn’t make sense to start to implement since they believe the plan will ultimately get struck down in court.