Supreme Court Poised to Strike US EPA Good Neighbor Rule

A recent article reported that the Supreme Court appears poised to place limits on the US EPA’s good neighbor rule targeting 23 states for cross-state emissions. A majority of justices have expressed their skepticism about the EPA’s rule, which targets 23 states to cut ozone pollution, with concerns raised about its validity and potential impacts on major industries like manufacturing. Justice Brett Kavanaugh specifically criticized the EPA, stating they “didn’t have an explanation” for the justification, referring to it as a “goose egg.”

OMA Counsel at Bricker Graydon produced this memo for OMA members outlining the current lawsuit from Ohio, Indiana, and West Virginia requesting a stay on the rule.