Supreme Court Blocks Interstate Smog Pollution Rule, Putting Bay Cleanup and Local Communities at Risk

A divided (5-4) U.S. Supreme Court today granted a request by industry groups and allied states to block EPA from implementing the interstate ozone reduction plan it finalized in February.  

EPA’s “Good Neighbor” rule requires major polluters like coal-fired power plants to reduce emissions that contribute to ground-level ozone pollution that prevents downwind states from meeting federal air quality standards.  

Also known as smog, ground-level ozone is a dangerous air pollutant that is especially harmful to children, older adults, people with heart and lung problems, and disadvantaged communities already overburdened by multiple sources of pollution. Nitrogen oxides (NOx), a key ingredient in smog, also contribute to excess nitrogen polluting the Chesapeake Bay ecosystem.  

The Chesapeake Bay Foundation (CBF) is represented by Earthjustice and part of a coalition of environmental and public health groups that in February urged the Supreme Court to block opponents’ effort to shut down the Good Neighbor rule. 

CBF Director of Litigation Ariel Solaski issued the following statement: 

“Today’s Supreme Court decision has troubling implications for the Chesapeake Bay ecosystem and people living in the region. Blocking EPA’s Good Neighbor rule undermines progress restoring the Bay and its tributaries and puts people’s health at risk. 

“In the wake of this disturbing decision, the Chesapeake Bay Foundation will continue to support EPA’s efforts to protect public health, including for the Bay region’s more than 18 million residents.”