Washington • The Supreme Court temporarily put on hold Thursday an Environmental Protection Agency plan to curtail air pollution that drifts across state lines, dealing another blow to the Biden administration’s efforts to protect the environment.
The ruling followed recent decisions chipping away at the agency’s authority to address climate change and water pollution.
The ruling was provisional, and challenges to the plan will continue to be litigated in an appeals court and could then return to the Supreme Court. But even the temporary loss for the administration will suspend the plan for many months and maybe longer.
The vote was 5-4. Justice Amy Coney Barrett, joined by the court’s three liberal members, dissented.
The decision concerned the administration’s “good neighbor” plan, which initially applied to 23 states. Under the proposal, factories and power plants in Western and Midwestern states must cut ozone pollution that drifts into Eastern ones. The emissions cause smog and are linked to asthma, lung disease and premature death.
The Clean Air Act allows states to devise their own plans, subject to approval by the EPA. In February 2023, the agency concluded that 23 states had not produced adequate plans to comply with its revised ozone standards. The agency then issued its own plan.
A wave of litigation followed, and seven federal appeals courts blocked the EPA’s disapproval of plans submitted by a dozen states, leaving 11 states subject to the federal rule.
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