Last week, the U.S. Supreme Court blocked the implementation of the “Good Neighbor” Federal Plan to address interstate smog, threatening public health. The rule, which limited nitrogen oxide emissions to reduce interstate ozone pollution and improve air quality for communities living near emission sources, has now been put on hold until the litigation is completed.
Here are 4 key takeaways from the ruling 👇
1. The Supreme Court is disregarding public health.
An immediate consequence is the loss of significant public health benefits. While the rule remains on hold during litigation, the lost public health benefits can never be recovered. The US Environmental Protection Agency (EPA) estimates that in 2026, the rule would have prevented:
🚫~1,300 premature deaths
🏥 +2,300 hospital + ER visits
🤧 1.3 million asthma symptoms cases
📚 430,000 school absence days
📉 25,000 lost work days.
2. Emergency stays, once extraordinary, are becoming ordinary.
Courts typically presume that government agencies, such as EPA, act lawfully, ordinarily allowing regulations like the Good Neighbor rule to remain in effect while it is being challenged in court. What is the emergency in this case? The court mentions compliance costs and states’ interests in retaining regulatory authority, but these considerations arise with most EPA regulations and are not unusually imminent. In the end, the Supreme Court acted without the benefit of a full briefing, which could have occurred in another court in a shorter amount of time.
3. The Supreme Court appears to be declaring its intention to become a court of first view, rather than review.
Regulating air pollution is a highly technical area of policy. The facts of a case should “percolate” in lower courts, so that the Supreme Court can then address a case upon a well-developed record. In the Good Neighbor rule, EPA properly based its decisions on a voluminous scientific and technical record. The courts were meant to extensively review that record but the Supreme Court did not let that process play out and, as a result, reached a flawed decision.
4. The Supreme Court is endeavoring to become a “Super-EPA.”
Instead of allowing agencies with relevant technical expertise to address the effects of air pollution, the Supreme Court is reaching past lower courts to stay major environmental rules – a new and dangerous phenomenon that is becoming unfortunately common.
More from Shaun G. in our latest blog: https://lnkd.in/eZEZYpcW
Director, Water, Environment and Climate Solutions, LLC
6moA good article. A toxic mix with the EA increasingly under resourcd and muzzled and on the other hand water utilies privatized and operating and polluting with impunity. These are critical lessons for multilateral institutions advancing the private sector blindly in the water sector.