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The Supreme Court building is seen on Thursday, June 27, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Supreme Court halts enforcement of the EPA's plan to limit downwind pollution from power plants

The Supreme Court is putting the Environmental Protection Agency’s air pollution-fighting “good neighbor” plan on hold while legal challenges continue

By Mark Sherman
Published - Jun 27, 2024, 10:06 AM ET
Last Updated - Jun 27, 2024, 10:06 AM EDT

WASHINGTON (AP) — The Supreme Court is putting the Environmental Protection Agency’s air pollution-fighting “good neighbor” plan on hold while legal challenges continue, the conservative-led court’s latest blow to federal regulations.

The justices in a 5-4 vote on Thursday rejected arguments by the Biden administration and Democratic-controlled states that the plan was cutting air pollution and saving lives in 11 states where it was being enforced and that the high court’s intervention was unwarranted.

The rule is intended to restrict smokestack emissions from power plants and other industrial sources that burden downwind areas with smog-causing pollution. It will remain on hold while the federal appeals court in Washington considers a challenge to the plan from industry and Republican-led states.

The Supreme Court, with a 6-3 conservative majority, has increasingly reined in the powers of federal agencies, including the EPA, in recent years. The justices have restricted the EPA’s authority to fight air and water pollution — including a landmark 2022 ruling that limited the EPA’s authority to regulate carbon dioxide emissions from power plants that contribute to global warming. The court also shot down a vaccine mandate and blocked President Joe Biden’s student loan forgiveness program.

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