Supreme Court to hear arguments on blocking EPA cross-state smog pollution rule

The Supreme Court will hear arguments about whether to block an Environmental Protection Agency (EPA) rule that seeks to address interstate smog, the court said Wednesday.

The court issued an order saying it would not yet decide whether to block the rule from being effective. Instead, it will hear oral arguments on the matter during its February session. 

It also said proponents and opponents of the “Good Neighbor” rule should be prepared for arguments about whether the rule’s emissions controls are reasonable.

The rule in question seeks to reign in emissions of smog-forming nitrogen oxides from power plants and industrial facilities in upwind states, so pollution from these states does not harm their neighbors. 

In October, Republican attorneys general, as well as industry and utility groups, asked the Supreme Court to halt the rule after a federal appeals court declined to do so.  

They said in a legal brief the rule would “irreparably” harm their industries and citizens because they would have to spend money to comply with the mandate they view as unlawful. They also argued it would undermine their ability to generate electricity and will destabilize states’ power grids. 

A spokesperson for the EPA declined to comment on the Supreme Court’s move. When the agency put the rule forward, it touted the public health benefits of cutting pollution, saying it expected to prevent 1,300 premature deaths in 2026 alone.

While it is not clear which way the court will ultimately rule in this case, in recent years the conservative-majority Supreme Court has moved to curtail the EPA’s authority on climate and water regulations.