Supreme Court sounds skeptical of cross-state air pollution rule

February 22, 2024

Republican appointees to the Supreme Court criticized the EPA’s rule on cross-state air pollution during oral arguments Wednesday, as the justices contemplate whether to block the rule as lower legal challenges play out. The EPA announced the plan last March as a national strategy to reduce air pollution that crosses state borders under the “good neighbor” provision of the Clean Air Act. The court’s three Democratic appointees spent much of Wednesday’s arguments questioning whether the Supreme Court should act on a rule challenge when no lower court has made a final ruling yet. “I’m trying to understand what the emergency is that warrants Supreme Court intervention at this point,” Jackson said. The rule requires 23 states to reduce emissions in power generation and other industries to help reduce smog and other air pollution in neighboring states.