Several conservative justices were skeptical of the administration’s “good neighbor” rule on cross-state pollution, meant to protect downwind states from harmful emissions.
Members of the Supreme Court’s conservative majority seemed inclined on Wednesday to again limit the Biden administration’s ability to protect the environment by temporarily stopping an effort by the Environmental Protection Agency to curtail air pollution that drifts across state lines.
Such a decision, expected by June, would be in keeping with recent rulings by the court, which has chipped away at the agency’s authority to address climate change and water pollution.
The new cases concerned the administration’s “good neighbor” plan. Under the proposal, which initially applied to 23 states, factories and power plants in Western and Midwestern states must cut ozone pollution that drifts into Eastern states.
The justices appeared to be divided along familiar lines on whether to block the plan, which directs states to take measures meant to reduce emissions that cause smog and are linked to asthma, lung disease and premature death.
If the wind shifts turn off the plant for a while, wouldn’t want to be regulated in the state you’re in.
Genius idea: Put the plant across the state line. Turn on different smokestacks depending on which way the wind is blowing!