The Supreme Court is set to deliberate on a series of appeals challenging ozone regulations, referred to the justices through the “shadow docket” as emergency appeals. The regulations, aimed at curbing air pollution from industrial facilities across 23 states, face opposition from states, companies, and trade associations. At the heart of the dispute lies the “good neighbor” provision of the Clean Air Act, compelling upwind states to mitigate emissions affecting downwind states.
In 2015, the EPA established new ozone pollution standards, mandating states to submit compliance plans under the “good neighbor” provision. When 21 states proposed no changes to their plans, the EPA intervened with a federal plan, triggering legal challenges. Despite interim rulings halting the federal plan’s application in certain states, it went into effect in 2023. Subsequent legal battles led to the Supreme Court’s involvement.
Challengers argue for state autonomy in air quality regulation, contending that the EPA overstepped its bounds by imposing a federal plan. They highlight logistical and economic burdens, particularly for industries like natural gas and steel production. Conversely, the EPA defends its actions as necessary under the Clean Air Act, emphasizing the urgency of emissions reduction for public health.
The upcoming oral arguments will explore the validity of the federal plan and its implications. Four legal representatives will present their cases, anticipating a thorough examination by the justices.
lawrota.com 
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