SCOTUS decision cross-state pollution

Court delays Biden administration's cross-state air pollution plan

The Supreme Court has temporarily halted the EPA's plan to reduce air pollution across state lines, hindering Biden's environmental agenda.

Adam Liptak reports for The New York Times.


In short:

  • The Supreme Court has put a hold on the EPA's "good neighbor" plan, which aimed to cut ozone pollution from Western and Midwestern states affecting Eastern states.
  • The ruling was a narrow 5-4 decision, with Justice Gorsuch writing for the majority, stating the stay will remain until a federal appeals court reviews the matter.
  • Justice Barrett, dissenting, warned that the decision would allow continued pollution, impacting downwind states' air quality and public health.

Key quote:

“The court’s extraordinary decision today to grant an emergency stay is a travesty of justice that puts the lives and health of millions of people at risk.”

— Vickie Patton, general counsel of the Environmental Defense Fund

Why this matters:

This decision delays efforts to mitigate harmful air pollution, posing risks to public health, particularly for those in downwind states affected by emissions linked to asthma and lung disease. More reading: "Breathless" is EHN's in-depth look at Pittsburgh's asthma epidemic and the fight to stop it.

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