Supreme Court halts enforcement of EPA’s power-plant pollution plan

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Supreme Court halts enforcement of EPA’s power-plant pollution plan
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The justices in a 5-4 vote on rejected arguments that the plan already was cutting air pollution and saving lives in 11 states.

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, including Pennsylvania, where it was being enforced and that the high court’s intervention was unwarranted.

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 challengers pointed to decisions in courts around the country that have paused the rule in a dozen states, arguing that those decisions have undermined the EPA’s aim of providing a national solution to the problem of ozone pollution because the agency relied on the assumption that all 23 states targeted by the rule would participate.

The rule is on hold in another dozen states because of separate legal challenges: Alabama, Arkansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nevada, Oklahoma, Texas, Utah and West Virginia.

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