The U.S. Supreme Court has granted a request led by Ohio Attorney General Dave Yost for an immediate stay of the Environmental Protection Agency’s (EPA) "good neighbor plan," which aims to regulate air pollution nationwide. The program, designed to protect downwind states from high levels of ozone pollution, is now on hold while litigation continues in lower courts.
"This is a significant victory for states' sovereignty and the rule of law," Yost stated. "This plan, if implemented, would have imposed undue regulatory burdens on states – and the EPA doesn’t have the power to do that."
In a brief filed in October 2023 seeking the stay, Yost and two other state attorneys general argued that the EPA acted unlawfully by failing to consider key aspects of a collective problem. "The EPA cannot impose such immense regulations on the States without having thought through all critical aspects of the problem it set out to solve," their brief asserted.
During arguments presented before the Supreme Court in February, Ohio Deputy Solicitor General Mathura Sridharan described the EPA’s actions as arbitrary and capricious. She noted that even after nearly half of the states dropped out of the federal plan, “the math doesn’t work when the inputs, 23 states, don’t match the outputs, now the 11 states that remain in the plan.”
Sridharan argued that by proceeding without considering partial participation consequences, the EPA overstepped its authority.
Today's decision underscores federal agencies' obligation to be reasoned and thorough in their decisions, especially those imposing extraordinary burdens on states, industries, and residents.
Yost has consistently warned against federal overreach and has filed multiple lawsuits challenging rules imposed by federal agencies exceeding their granted powers. "We are committed to defending the prerogatives of states against federal encroachment," he said.
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