Share this @internewscast.com

WASHINGTON — The Supreme Court on Wednesday will consider whether to block a Biden administration policy aimed at reducing air pollution that crosses from one state to another and creates harmful smog.

The court is hearing four related cases involving challenges to the policy brought by three Republican-led states — Indiana, Ohio and West Virginia — and various affected industries, including natural gas pipeline operators.

The Supreme Court, which has a 6-3 conservative majority, has been skeptical of broad exertions of federal power on regulatory issues, including the environment.

In 2022, the court limited the ability of the Environmental Protection Agency to use the Clean Air Act to combat emissions that contribute to climate change. Last year, the court weakened the landmark Clean Water Act by limiting the EPA’s regulatory oversight over wetlands.

Recently, the court has been treating environmental policies like they are “guilty until proven innocent,” said Sam Sankar, a lawyer at environmental group Earthjustice.

The “good neighbor plan,” introduced by the EPA last year, seeks to curb nitrogen oxide pollution from industrial facilities. If implemented in full, it would apply to 23 “upwind” states whose emissions can contribute to pollution in “downwind” states.

The EPA says the plan would help prevent premature deaths, reduce emergency room visits and cut asthma symptoms by limiting the amount of smog.

Under the Clean Air Act, states get a chance to draw up their own pollution control plans. Each state has a responsibility under the law to be a “good neighbor,” meaning that its plans address pollution that can contribute to other states that are not meeting their own obligations.

The EPA can step in to adopt its own plan, which is what happened last year. The three states object to the federal government’s approach, saying in part that they didn’t have enough time to come up with their own plans.

The agency’s approach “ignored obvious problems with its attempt to twist the Clean Air Act into a system of top-down regulation instead of the system of cooperative federalism that Congress intended,” Ohio Attorney General Dave Yost wrote in court papers.

Yost called the policy “a disaster” because court rulings in separate litigation mean it has already been blocked in 12 of the 23 states it applies to, meaning it only reaches 25 percent of the emissions it seeks to regulate.

Republican-led states frequently complain about robust EPA interventions over environmental policy, citing it as an example of federal overreach that infringes on the right of states to govern themselves.

Solicitor General Elizabeth Prelogar, who is defending the rule, said in court papers that it is in “full force” and able to “function properly” in the 11 states where it is in effect. The fact that it is currently blocked in some states does not undermine the validity of the rule as a whole, she added.

If the regulation were to be put on hold while litigation continues, it would “delay efforts to control pollution that contributes to unhealthy air in downwind states, which is contrary to Congress’s express directive that sources in upwind States must assume responsibility for their contributions to emissions levels in downwind states,” Prelogar wrote. 

Share this @internewscast.com
You May Also Like

DOJ Launches Investigation into January 6 Committee’s Key Witness for Alleged Perjury

Do you recall Cassidy Hutchinson, the key witness who testified before the…
Groom, 22, accused of fatally shooting friend who showed up at Oklahoma bachelor party

Oklahoma Bachelor Party Tragedy: Groom, 22, Charged in Fatal Shooting of Friend

In a shocking incident during a bachelor party in Oklahoma, a groom…
Hamas explosives expert Muhammad Dawad killed in Gaza strike, IDF announces

IDF Confirms Elimination of Key Hamas Explosives Expert in Targeted Gaza Operation

On Wednesday, the Israel Defense Forces reported the successful elimination of Muhammad…
Eligible young men will automatically be registered for US military draft later this year

Automatic Military Draft Registration Set to Begin for Eligible Young Men This Year

In a move set to take effect this December, the federal government…
Iran's UN ambassador takes swipe at Trump in final hours before Strait of Hormuz deadline

Iran’s UN Ambassador Criticizes Trump Ahead of Critical Strait of Hormuz Deadline

Hours before President Donald Trump’s ultimatum regarding the reopening of the Strait…
Hasan Piker embraced by California Dems went on racist anti-Asian rant

California Dems Under Fire: Hasan Piker’s Controversial Remarks Spark Debate on Racism

An influential left-wing online figure from California, whose reach is steadily growing…
Iran threatens to 'destroy' ships that pass through Strait of Hormuz — despite cease-fire pact

Iran Issues Warning to Ships Navigating Strait of Hormuz Amid Cease-Fire Agreement

WASHINGTON — Iran’s beleaguered navy issued a stern warning on Wednesday, cautioning…
Widow of Long Island man Keith McAllister killed in freak MRI accident while wearing 20-pound chain files lawsuit

Widow Seeks Justice: Lawsuit Filed After Long Island Man’s Tragic Death in Unusual MRI Accident Involving Heavy Chain

The grieving widow of a Long Island man tragically pulled into an…
School reinstates Pledge of Allegiance following lawsuit claiming students weren't given opportunity

Victory for Tradition: School Reinstates Pledge of Allegiance After Legal Battle

A Maine school district appears to have shifted its stance following legal…
Hiker stung more than 100 times by bees near Arizona mountain summit, airlifted in critical condition

Hiker Airlifted in Critical Condition After Sustaining Over 100 Bee Stings Near Arizona Mountain Summit

A hiker in Arizona faced a terrifying ordeal when he was swarmed…
Trump tells The Post in-person Iran talks will happen ‘very soon’ — but reveals JD Vance might stay away over security concerns

Trump Announces Imminent Iran Negotiations Amidst JD Vance’s Security Concerns

In a recent discussion with The Post, President Trump revealed that he…
Truth about Arizona girl found alive decades after vanishing leaves investigator ‘dumbfounded’: report

Missing Teen Case Takes Unexpected Turn: Allegedly Abducted Girl Discovered Alive, Leading Secret Life as Mother of Three, According to Investigator Report

An Arizona girl who disappeared at the age of 13 and was…