Skip to content
  • MyNewMarkets.com
  • Claims Journal
  • Insurance Journal TV
  • Academy of Insurance
  • Carrier Management
Insurance Journal - Property Casualty Industry News

Featured Stories

  • Markel Chair to Retire, CEO Gayner Moves Into Role
  • EPA Could Leave Public in the Dark on Data Centers
  • Articles
  • Jobs
  • Markets

Current Magazine

current magazine
  • Read Online
  • Subscribe
  • Login
  • Front Page
    • National
    • International
    • Most Popular
    • Magazine
    • Forums
    • Blogs
    • Videos/Podcasts
    • Newsletters
  • News
    • Most Popular
    • National
    • International
    • East
    • Midwest
    • South Central
    • Southeast
    • West
  • Magazines
  • Research
  • Directories
  • Jobs
  • Features
    • Events
    • Forums
    • Market Directories
    • Quotes
    • Polls
    • Rankings & Awards
    • Insurance Giving Back
  • Subscribe

US Supreme Court to Hear Challenge to EPA’s ‘Good Neighbor’ Air Pollution Plan

By Andrew Chung | January 5, 2024
Email This Subscribe to Newsletter
  • Article

The U.S. Supreme Court on late last month said it would hear a bid to block the Environmental Protection Agency from enforcing a federal regulation aimed at reducing ozone emissions that may worsen air pollution in neighboring states.

Acting on requests by the states of Ohio, Indiana and West Virginia, as well as pipeline operators, power producers and U.S. Steel Corp, to avoid complying with the federal “Good Neighbor” plan restricting ozone pollution from upwind states, the court said it would hear arguments in the dispute in February.

In a major ruling last year, the conservative-majority Supreme Court imposed limits on the EPA’s authority to issue sweeping regulations to reduce carbon emissions from coal- and gas-fired power plants under the landmark Clean Air Act anti-pollution law.

At issue in the current dispute is an EPA rule, finalized in June 2023 by President Joe Biden’s administration, regulating ozone, a key component of smog, in a group of states whose own plans the agency determined did not satisfy the “Good Neighbor” provision of the Clean Air Act requiring efforts to account for pollution that could drift into states downwind.

The agency said the inadequate plans in 23 states required a federal program to reduce emissions from large industrial polluters in those states. A flurry of litigation in lower courts already has paused enforcement of the rule in 12 states.

The case before the justices involves litigation brought by three states – Ohio, Indiana and West Virginia – pipeline operators including Kinder Morgan, U.S. Steel, and regional electricity generators and energy trade associations. They challenged the rule in the U.S. Court of Appeals for the District of Columbia Circuit, arguing that the EPA violated a federal law aimed at ensuring agency actions are reasonable.

Some of the industry requests were specific: Kinder Morgan asked the justices to block the regulation as it applies to natural gas pipeline engines, while U.S. Steel sought to prevent its enforcement against iron and steel mill reheating furnaces and boilers.

When the D.C. Circuit in September and October refused to block the rule pending its review, the challengers asked the Supreme Court to intervene. The EPA’s plan will force them to bear unreasonable costs and will destabilize the states’ power grids, the states said in a written brief.

The Justice Department, defending the EPA, told the Supreme Court that blocking the rule for these challengers would “seriously harm downwind states that suffer from their upwind neighbors’ emissions” and expose their residents to public-health risks.

Copyright 2026 Reuters. Click for restrictions.

Topics USA Pollution

Was this article valuable?

Thank you! Please tell us what we can do to improve this article.

Thank you! % of people found this article valuable. Please tell us what you liked about it.

Here are more articles you may enjoy.

Washington Commanders Player Scores Workers’ Compensation Win
Amazon Seen as Shielded From Liability for Miami Cargo Plane Crash
NC Roofers Caught in Farm Bureau’s Sting Sentenced to Probation, Restitution
Viewpoint: Reinsurance Market to Experience Further Softening, M&A on Ample Capacity

Written By Andrew Chung

More From Author

Interested in Pollution?

Get automatic alerts for this topic.

Email This Subscribe to Newsletter
  • Categories: National NewsTopics: air pollution, carbon emissions, Clean Air Act, Environmental Protection Agency (EPA), environmental social governance (ESG
  • Have a hot lead? Email us at newsdesk@insurancejournal.com
More News
Register: AI Tools for FNOL & Digital Claims Intake ‘Demo Day’ on September 16
Rain Brings Needed Relief to North Texas Wildfires
Bayer-LogoBayer Faces Pivotal Test of $7.25 Billion Roundup Settlement
Markets/Coverages: Liberty Specialty Offers Security Advice for Political Risk Clients
More News Features

Read This Next

  • US Supreme Court to Hear Challenge to EPA's 'Good Neighbor' Air Pollution Plan
  • Global Insured Catastrophe Losses Expected to Average $171 Billion Annually: Verisk
  • Iowa-Based Technology Company to Settle Discrimination Lawsuit
  • Trump's Environmental Rollbacks Are Being Struck Down by Courts
  • Judge Nixes Uber's RICO Suit Alleging NY Lawyers, Doctors Conspired on Auto Claims

Insurance Jobs

  • Agency Relationship Manager - Houston, TX
  • Insurance Sales Producer - Deer Park, TX
  • Commercial Lines Producer - Raleigh / Durham / Chapel Hill, NC
  • No-Fault – Paralegal Specialist – Metro Detroit, MI – (Hybrid) - Michigan, MI
  • Facilities Engineer ( Hudson, OH) - Hudson, OH
  • Underwriter / Account Executive Ocean Marine - Bellevue, WA
MyNewMarkets
  • Is It Covered: No Residency, No Coverage? Is Your Home Uninsured?
  • Top Business Risks
  • Snapshot: Environmental and Construction Professional Liability Insurance Market
  • Real Estate E&O: The Importance of Specialized Coverage in an Increasingly Complex Market
  • Intersecting Risks and the Future of Construction Insurance
Claims Journal
  • Register: AI Tools for FNOL & Digital Claims Intake 'Demo Day' on September 16
  • What Do We Remember About 9/11? Whom Do We Remember?
  • The Big Data/AI 'Revolution' Is Driving Up Verdicts, Settlements as Plaintiffs Buy In
  • InterDigital Seeks $118 Million from Disney in Patent Fight
  • The Nation's Insurance Laboratory: What Liability Trends in California Mean for the Rest of the Country
Academy of Insurance education
  • September 17th Top Agency E&O Tips & Trends
  • October 1st The Cost of an Empty Desk: How Claims Staffing Protects the Bottom Line
  • October 8th Risk and Insurance for Non-Profit Organizations
  • October 15th The Final Frontier: To Boldly Go Where AI Cannot

Insurance News

  • News by Region
  • News by Topic
  • Yesterday

Site Search

Features

  • Insurance Markets Directory
  • Forums
  • A.M. Best Company Ratings
  • Industry Events
  • Agencies For Sale
  • Newswire
  • Insurance Jobs
  • Rankings & Awards

Connect with us

  • Email Newsletters
  • Magazine Subscriptions
  • For Your Website
  • RSS Feeds
  • Twitter
  • Facebook
  • LinkedIn
  • Do Not Sell My Info

Insurance Journal

  • Submit News
  • Advertise
  • Subscribe
  • Reprints
  • Link to Us
  • Contact Us

Wells Media Group Network

  • Insurance Journal
  • MyNewMarkets.com
  • Claims Journal
  • Insurance Journal TV
  • Academy of Insurance
  • Carrier Management
© 2026 by Wells Media Group, Inc. Privacy Policy | Terms & Conditions | Site Map