good neighbor rule
Credit: Daniel Huizinga/Flickr
Chevron ruling reshapes energy regulations and federal authority
The Supreme Court's decision to limit federal agency power will pose challenges for the Biden administration's climate policies and regulatory efforts.
In short:
- The Supreme Court's decision reduces the authority of federal agencies to interpret ambiguous laws, affecting regulations on emissions and electric vehicles.
- Legal experts anticipate increased litigation challenging existing and new regulations, particularly those related to climate change.
- Key Biden-era climate initiatives, such as emission reductions from power plants and electric vehicle regulations, face new legal hurdles.
Key quote:
“Where agencies appear to be carrying out sweeping and adventurous regulatory efforts to address our most pressing issues, that sort of effort is going to be immediately called into question.”
— Joel Eisen, University of Richmond law professor.
Why this matters:
This ruling could stymie efforts to mitigate climate change by increasing legal barriers to environmental regulation, potentially slowing down policies aimed at reducing climate-warming pollution. Read more: “Cancer Alley” residents exposed to more than the lifetime exposure limit for cancer-causing compound.
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Credit: Tennessee Valley Authority/Flickr
Court delays Biden administration's cross-state air pollution plan
The Supreme Court has temporarily halted the EPA's plan to reduce air pollution across state lines, hindering Biden's environmental agenda.
In short:
- The Supreme Court has put a hold on the EPA's "good neighbor" plan, which aimed to cut ozone pollution from Western and Midwestern states affecting Eastern states.
- The ruling was a narrow 5-4 decision, with Justice Gorsuch writing for the majority, stating the stay will remain until a federal appeals court reviews the matter.
- Justice Barrett, dissenting, warned that the decision would allow continued pollution, impacting downwind states' air quality and public health.
Key quote:
“The court’s extraordinary decision today to grant an emergency stay is a travesty of justice that puts the lives and health of millions of people at risk.”
— Vickie Patton, general counsel of the Environmental Defense Fund
Why this matters:
This decision delays efforts to mitigate harmful air pollution, posing risks to public health, particularly for those in downwind states affected by emissions linked to asthma and lung disease. More reading: "Breathless" is EHN's in-depth look at Pittsburgh's asthma epidemic and the fight to stop it.
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Supreme Court scrutinizes EPA's anti-pollution strategy across states
The Supreme Court evaluates the U.S. Environmental Protection Agency's initiative to decrease emissions affecting neighboring states, aiming to mitigate smog-related health issues.
Anna Phillips and Ann E. Marimow report for The Washington Post.
In short:
- The EPA's "good neighbor" rule, aimed at reducing cross-state air pollution, faces challenges from three states and various industry groups.
- This rule extends Obama-era regulations to include additional industrial pollutants, targeting a significant reduction in nitrogen oxide emissions by 2026.
- Legal and political battles highlight the ongoing debate over federal versus state authority and the economic impact of environmental regulations.
Key quote:
The case "represents an even further invasion from the Supreme Court into what have traditionally been considered legislative and executive branch policy judgments."
— Sam Sankar, senior vice president for programs at Earthjustice
Why this matters:
This case may represent a pivotal moment for environmental policy, with implications for how the U.S. manages cross-state pollution and enforces clean air standards nationwide, reflecting a broader struggle over the balance of power between federal agencies and the courts. Does the Supreme Court's conservative majority, in the words of Justice Elena Kagan, have it's "thumb on the scale" of justice?
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Republicans question EPA 'good neighbor' rule
The EPA's recently finalized rule intended to help downwind states reach air quality standards has drawn the ire of Republican leaders who have questioned whether the agency has adequately considered its effects on industry and electric generation.
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