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Ohio v. Environmental Protection Agency

Updated Sep 6, 2026

In brief

EPA cannot enforce the Good Neighbor Plan against these applicants while their challenge moves through the courts.

Where it stands
Decided

Decided 5-4 · June 27, 2024 · Opinion by Justice Gorsuch

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.
Who it affects
The pause stops the plan's emissions controls from being enforced against the applicants while the case continues.

Summary: written with AI from the case record.

Illustration for Ohio, et al., Applicants v. Environmental Protection Agency, et al.
Conceptual illustration · AI-generated

What it's about

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.

The case concerns EPA's role under the Clean Air Act in addressing air pollution that travels from one state into another.

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?

What the Court decided

Holding

The applications for a stay are granted; enforcement of EPA’s rule against the applicants shall be stayed pending the disposition of the applicants’ petition for review in the D. C. Circuit and any petition for writ of certiorari, timely sought.

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Gorsuchwrote the opinion
  2. Roberts
  3. Thomas
  4. Alito
  5. Kavanaugh
Dissenting · 4disagreed with the result
  1. Sotomayor
  2. Kagan
  3. Barrettwrote the dissent
  4. Jackson
5 justices joined the judgment, 4 dissented.

From the opinions

“The applications for a stay are granted; enforcement of EPA’s rule against the applicants shall be stayed pending the disposition of the applicants’ petition for review in the D. C. Circuit and any petition for writ of certiorari, timely sought.”

— Justice Neil Gorsuch(majority)

“The Court today enjoins the enforcement of a major Environmental Protection Agency rule based on an underdeveloped theory that is unlikely to succeed on the merits.”

— Justice Amy Coney Barrett(dissent)

What's next

The D.C. Circuit will continue considering the applicants' challenge to the rule. The stay remains in place through that review and any timely petition for certiorari (a request for Supreme Court review).

Why it matters

Power plants and states covered by the applications are directly affected, while the plan sought to reduce ozone pollution that crosses state lines.

Documents

4

Docket activity

11
  • New analysis added

    Sep 6, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Sep 6, 2026 · Generated

  • New analysis added

    Sep 6, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 6, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Sep 6, 2026 · Generated

Show 6 more
  • New analysis added

    Sep 5, 2026 · Court records

  • AI analysis generated: Decision Record

    Sep 5, 2026 · Generated

  • Opinion added: Opinion

    Jun 27, 2024 · Court records

  • Opinion added: opinion

    Jun 27, 2024 · Court records

  • Brief added: Reply

    Nov 1, 2023 · Court records

  • Court Order added: Lower Court Orders/Opinions

    Oct 13, 2023 · Court records

More questions

5
What did the Supreme Court rule in Ohio v. EPA?
The Court paused enforcement of EPA's Good Neighbor Plan against the applicants while their legal challenge proceeds.
Who won Ohio v. EPA?
The applicant states and other challengers won temporary relief. The Court granted their request to stop enforcement against them during further review.
What does Ohio v. EPA mean for power plants?
Power plants covered through the applicants cannot be subjected to this rule's emissions controls while the stay remains in effect.
Is the Good Neighbor Plan still the law after Ohio v. EPA?
The Court stayed enforcement against the applicants, rather than issuing a final decision on the rule's legality. The D.C. Circuit will continue reviewing the challenge.
What happens next in Ohio v. EPA?
The D.C. Circuit will decide the applicants' petition for review. A timely request for Supreme Court review could follow.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 6, 2026Methodology

Court records and filings

Reporting and analysis