The Supreme Court will hear oral arguments Wednesday morning on a challenge to the Biden administration’s “Good Neighbor Rule” — which regulates the flow of air pollution from upwind to downwind states.
Under the Environmental Protection Agency (EPA) rule, power plants in 23 upwind states would be required to tighten controls on their smog emissions by 2026. A dozen states have sued over the rule, with appeals courts freezing it in several states in response.
The case the court will hear Wednesday involves three GOP-led states — Ohio, Indiana and West Virginia — which appealed to the high court after a D.C. Court of Appeals declined to block the plan.
The states argue they have superseding authority on air quality. The EPA rejected 21 state plans before releasing its own, but the three states argue the Clean Air Act only allows the federal agency to take this step if state plans violate that law.
The hearing is scheduled for 10 a.m. EST.
Listen to the live audio above.
