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Illustration for Ohio, et al., Applicants v. Environmental Protection Agency, et al.
Docket 23A349

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. 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.

Status
Decided
Appeal from
United States Court of Appeals for the District of Columbia Circuit
Argued
Feb 21, 2024
Decision released
Jun 27, 2024

Decision briefing

The case in plain English

Start with the holding, why it matters, and the strongest takeaways from the opinions.

Why did the Supreme Court block the EPA's new smog reduction rules?

The Supreme Court voted 5-4 to temporarily block the EPA's 'Good Neighbor Plan,' which was designed to limit ozone pollution that travels across state lines. The Court found that the EPA likely failed to provide a sufficient explanation for why the plan's requirements remained reasonable after several states were removed from the program. This decision stays (pauses) the rule's enforcement against the challenging states while lower courts continue to review the case.

How will this ruling affect air quality and industrial costs in upwind states?

This ruling stops the federal government from enforcing stricter emissions standards on power plants and factories in several states for now. While this provides immediate financial relief to industries, it may delay improvements in air quality for 'downwind' states that suffer from pollution drifting over their borders. The case highlights the difficulty agencies face when their national plans are partially blocked by lower courts.

How much power does the EPA have to regulate air pollution across state lines?

The case centers on the 'Good Neighbor' provision of the Clean Air Act, which requires 'upwind' states to reduce emissions that harm the air quality of their neighbors. It reflects a broader legal debate over whether federal agencies are being 'arbitrary and capricious' (acting without a logical reason) when they implement large-scale regulations. This decision is part of a trend where the Court closely scrutinizes how agencies justify their policy choices.

How did the justices divide over the EPA's explanation of its plan?

Justice Gorsuch wrote the majority opinion for a 5-4 Court, joined by Chief Justice Roberts and Justices Thomas, Alito, and Kavanaugh. Justice Barrett wrote a dissenting opinion joined by Justices Sotomayor, Kagan, and Jackson.

The EPA failed to adequately explain why its emissions reduction requirements would remain appropriate if fewer states were covered by the plan than originally intended.

— Justice Neil Gorsuch(majority)

The EPA’s methodology for calculating emissions limits appears to be independent of the number of states covered.

— Justice Amy Coney Barrett(dissent)

What does this pause on the Good Neighbor Plan mean for environmental policy?

The Supreme Court paused the EPA's smog-reduction rule because the agency did not clearly explain if the plan still made sense with fewer states involved.

What happens to the Good Neighbor Plan while the legal battle continues?

The case now returns to the U.S. Court of Appeals for the D.C. Circuit for a full review of the merits. The EPA cannot enforce the rule in the challenging states until that court, and potentially the Supreme Court again, reaches a final decision. Observers will watch to see if the EPA attempts to provide a more detailed explanation to satisfy the Court's concerns.

What was the core dispute between Ohio and the EPA?

Ohio and industry groups argued the EPA's plan was unfair because it didn't account for many states dropping out. They claimed the emissions targets were no longer justified under the new circumstances.

What are the real-world consequences of pausing this rule?

Power plants and factories in the affected states will not have to install expensive new pollution controls immediately. However, people in downwind states may continue to breathe air with higher ozone levels.

What legal rule did the Court use to justify the stay?

The Court applied a four-factor test, focusing on the 'likelihood of success on the merits.' They found the EPA likely acted in an arbitrary and capricious manner.

What is the next procedural step for this litigation?

The litigation moves back to the D.C. Circuit Court of Appeals for a final ruling on the plan's legality. The stay remains in place until that process and any further appeals are finished.

How does this case fit into a broader legal trend?

This case shows the Court's increasing willingness to use the 'emergency docket' to pause major federal regulations. It also signals stricter requirements for how agencies must explain their decision-making processes.

Where things stand

Timeline

Key court milestones at a glance.

Case Accepted
Arguments HeardFeb 21, 2024
Decision ReleasedJun 27, 2024

Source note

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Official case materials anchor this page. Reporting is used only to add context and explain the dispute in plain English.

Page data last refreshed Mar 30, 2026.

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