Ohio v. EPA: A challenge of air pollution regulations

Published: Feb. 20, 2024 at 3:09 PM EST

WASHINGTON (Gray DC) - The Supreme Court will hear a consolidated set of cases involving the Environmental Protection Agency on Wednesday.

The eventual ruling of Ohio v. EPA could roll back pollution regulations for millions of people.

Being a good neighbor means looking out for those around you. The EPA’s 2023 “Good Neighbor Plan” is designed to cut down on AIR pollution coming from other states.

Initially, the regulations were imposed in 23 states. 12 of which succeeded in getting a federal court to hold off on those plans. That leaves 11 states left.

“The ones that are left are saying the EPA can’t realize it’s goals with these few states,” Professor Steve Wermiel, American University said. “It’s unfair for us to go along with the EPA when it’s these few states.”

Professor Wermiel said the remaining 11 states went to the Supreme Court for an emergency application to stop the regulations. Well, the court ended up picking up the case that is a consolidation of multiple cases focused on this anti-pollution plan.

“Did EPA act unfairly by continuing with the rule for the states that are left?” Wermiel said. “Or did EPA stay within its legitimate authority to do that?”

The pollution is coming from power and industrial plants that are privately owned but government regulated. States bear responsibility for pollution produced within their borders.

“The ruling may not be a huge blow to EPA’s general authority, but it will certainly be a major roadblock to what EPA is trying to do here by addressing the Ozone and smog in a large number of states,” Wermiel said.

Arguments begin on Wednesday.