Jessica King, jessica.king@sierraclub.org
Washington, D.C. – Today, the United States Supreme Court will hear oral arguments from polluting states and industry groups seeking to stop implementation of EPA’s Good Neighbor Plan, a federal rule designed to address air pollution that crosses state lines.
In March 2023, EPA issued the final Good Neighbor Plan, which secures significant reductions in ozone-forming emissions of nitrogen oxides (NOx), a key ingredient in smog, from power plants and industrial facilities. When fully implemented, EPA estimates the Plan will prevent 1,300 premature deaths every year, and add $13 billion annually to the economy for the next 20 years.
To avoid complying with requirements under the Clean Air Act to reduce cross-state smog pollution, Ohio, Indiana, and West Virginia are challenging EPA’s plan alongside industry groups including oil and gas and coal mining groups.
The Good Neighbor Plan is being implemented in Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and Wisconsin, and reduced harmful NOx pollution in those states by 18 percent during the 2023 ozone season. In January 2024, EPA also proposed adding five new states to the rule, expanding it to include Arizona, Iowa, Kansas, New Mexico and Tennessee.
In response, Sierra Club Senior Attorney Zachary Fabish released the following statement:
"This case is about basic fairness – it's not fair to force people in downwind states to breathe unhealthy air simply because polluters in upwind states refuse to install and operate basic air pollution controls. Congress directed EPA to ensure that states are being good neighbors, and that's what the Good Neighbor Plan does. The Supreme Court must not interfere with the implementation of a life-saving and cost-effective plan to reduce air pollution at the behest of polluting industries and states.”
Citizens for Pennsylvania’s Future, Clean Air Council, and Clean Wisconsin (Represented by Clean Air Task Force), Air Alliance Houston, Appalachian Mountain Club, Center for Biological Diversity, Chesapeake Bay Foundation, Downwinders at Risk, Louisiana Environmental Action Network, Sierra Club, Southern Utah Wilderness Alliance, and Utah Physicians for a Healthy Environment (Represented by Earthjustice), and Environmental Defense Fund are supporting EPA in the lawsuits alongside several state and local governments.
The cases consolidated in today’s oral arguments are Ohio v. EPA (23A349), Kinder Morgan v. EPA (23A350), American Forest & Paper Association v. EPA (23A351), United States Steel Corporation v. EPA (23A384).
Sierra Club experts will attend the argument and are available for interviews.
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.