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No. 23A349October Term 2023Decided Jun 27, 2024

Docket 23A349October Term 2023 (2023–2024)

Ohio, et al., Applicants v. Environmental Protection Agency, et al.

The Supreme Court temporarily blocked the Environmental Protection Agency's "Good Neighbor Plan," which aimed to reduce ozone pollution crossing state lines, finding that the agency likely failed to adequately explain why the plan's emissions controls remained reasonable after several states were removed from coverage.

Case status

Current stage
Decided
Latest event
Decision released Jun 27, 2024
Case Accepted
Arguments HeardFeb 21, 2024
Decision ReleasedJun 27, 2024
What it's about

The Supreme Court temporarily blocked the Environmental Protection Agency's "Good Neighbor Plan," which aimed to reduce ozone pollution crossing state lines, finding that the agency likely failed to adequately explain why the plan's emissions controls remained reasonable after several states were removed from coverage. The Court ruled that the challengers were likely to succeed on the merits of their claim that the EPA's action was arbitrary and capricious under the Administrative Procedure Act.

Question presented

Should the Court stay the EPA’s federal emissions reduction rule, the Good Neighbor Plan, and are the emissions controls imposed by the rule reasonable regardless of the number of states subject to the rule?

Case path

United States Court of Appeals for the District of Columbia Circuit / Decision released Jun 27, 2024

Area

Administrative Law