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

Featured Stories

  • Nonstandard Auto Insurers Continue Momentum in 2025
  • FEMA Chief Resigns After Six Months
  • 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 2025 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.

Business Moves: Trucordia Acquires 5 Local Agencies in 4 States
Flooded road after heavy stormBipartisan Legislation Introduced to Retroactively Restore NFIP
Amazon Sued Over ‘Punitive’ Handling of Employee Absences
70% of Drivers Say They’ve Felt Unfairly Judged by Auto Insurers: Arity Report

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
People Moves: TMK Taps Beazley’s Silvestre as Head of Cyber Reinsurance Solutions; MGA Augmented Names Overall From Atrium as Head of Underwriting
Motive, GEICO Partner to Improve Safety and Lower Premiums for Commercial Fleets
APCIA: House Judiciary Committee Must Pass Litigation Funding Disclosure Reforms
Cloudflare Resolves Global Outage That Disrupted ChatGPT, X
More News Features

Read This Next

  • US Supreme Court to Hear Challenge to EPA's 'Good Neighbor' Air Pollution Plan
  • Michigan Regulators to Start Enforcing 2020 Industrial Farm Pollution Law
  • Property Cat Reinsurance MGA, Bobcat Re, Launched in US by Former K2 CAT Execs
  • Florida Approves 6.9% Average Cut in Workers' Comp Rates But Roofers Are Worried
  • Estimate to Rebuild Baltimore's Key Bridge Doubles to $5 Billion

Insurance Jobs

  • Commercial Surety Underwriting Director - Hartford, CT
  • Commercial Lines Account Manager – REMOTE - Boston, MA
  • VP, Strategic Application Services (SAS) Value Stream Lead - Hartford, CT
  • Underwriter – Workers Compensation – REMOTE - Denver, CO
  • Commercial P&C Claims Adjuster – Carrier or TPA – REMOTE - Charlotte, NC
MyNewMarkets
  • Keeping Small Business Insurance Customers
  • From Oily Rags to a Break Room Microwave: Combatting Overlooked Risks in High-Severity Industries
  • Death and Insurance (Not Taxes), Part 2
  • Bigger Piece of the Pie: Surplus Lines Market Hits New Record as Specialty Lines Continue to Grow in Prominence, Market Share
  • Death and Insurance (Not Taxes): Part One
Claims Journal
  • Senator Opposes FCC Plan to Reverse Cyber Rules Adopted After Salt Typhoon Attack
  • Estimate to Rebuild Baltimore's Key Bridge Doubles to $5 Billion
  • Honda Recalling 256,000 US Vehicles Over Software Error
  • Cloudflare Resolves Global Outage That Disrupted ChatGPT, X
  • FEMA Chief Resigns After Six Months, Criticism Over Floods
Academy of Insurance education
  • October 21 E&S Property Underwriting
  • October 23 Gotchas That'll Getchya - Latest Policy Language That'll Get You Sued
  • October 30 Challenges in Agency Mergers – Reducing Staff Flight and Avoiding E&O Claims
  • November 6 Risk and Insurance for Digital Nomads

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
© 2025 by Wells Media Group, Inc. Privacy Policy | Terms & Conditions | Site Map