The Supreme Court appears ready to limit the Biden administration’s ability to protect the environment once again.
This time, several justices expressed skepticism of a proposed rule from the Environmental Protection Agency meant to reduce harmful cross-state air pollution, according to the New York Times’s Adam Liptak. A decision is expected by June.
What’s happening?
The Biden administration has proposed a “good neighbor” rule directing 23 states to cut ozone pollution from factories and power plants that drifts into eastern states. The smog-causing pollutants are linked to asthma, lung disease, and premature deaths.
However, after a wave of litigation, the rule currently only applies to 11 states. Three of those states — Ohio, Indiana, and West Virginia — along with energy companies, are now asking the Supreme Court to block the rule entirely while lower court challenges proceed.
Justice Brett Kavanaugh said the EPA “didn’t have an explanation” for why the more limited rule still made sense, calling the justification a “goose egg.”