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Supreme Court examines cross-state air pollution

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As the U.S. Supreme Court Wednesday (Feb. 21) held oral arguments on the legality of the Environmental Protection Agency’s “good neighbor” policy to limit upwind states from polluting downwind states, two legal constructs dominated the discussion: “severability” and the court’s “emergency docket.” The case is “Ohio et al v. EPA” brought by several states and joined by Kinder Morgan natural gas firm, the American Forest & Paper Association, and U.S. Steel.

Severability refers to provisions that allow the remainder of legislation to remain in effect if parts of its other provisions are dropped or found illegal. Emergency applications are cases that petitioners bring to the high court, bypassing lower court action.

The case before the court involves an environmental issue dating back nearly 20 years. What action can EPA take when pollution from an upwind state – Ohio, for example – which has an EPA approved “state implementation plan” to reduce ozone-causing oxides of nitrogen from power plants or steel mills nevertheless puts a downwind state – such as Connecticut – out of compliance?

The George W. Bush, Obama, and Biden administrations have all wrestled with the difficult question, as has the Supreme Court. According to a Harvard Law history, the cross-state ozone issue has been litigated some 90 times in the federal courts since first EPA first attempted regulations in 2005.

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33 Comments on "Supreme Court examines cross-state air pollution"

  1. Hatre is more obvipusakdu on Sun, 25th Feb 2024 7:11 pm 

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    Then came the lawyers, then came the rules

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    Come up with your own reasoning.

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  24. drywall contractor on Thu, 1st Aug 2024 6:36 pm 

    Severability allows the remaining parts of legislation to stay in effect if some provisions are removed or found illegal.

  25. Dredd on Wed, 14th Aug 2024 9:44 am 

    I don’t know anybody here (A Short History of Project ‘2025’).

  26. Richard on Wed, 14th Aug 2024 9:05 pm 

    The Supreme Court’s examination of cross-state air pollution is a critical step toward environmental justice, much like the careful strategy needed to solve a complex wordle unlimited puzzle. Every decision made here could shape the future of clean air for generations to come.

  27. doctor drive on Sun, 8th Dec 2024 1:39 am 

    The U.S. Supreme Court is reviewing a case regarding cross-state air pollution, which involves whether the federal government can enforce regulations to limit emissions from power plants in states that contribute to air quality issues in neighboring states.

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  32. Benny on Sat, 26th Apr 2025 10:23 am 

    The term “severability” describes clauses that let the remaining elements of a law to stay in force even if any of its other components are removed or determined to be unlawful. In this case, I should search for roof and ceiling repair near me to find the perfect one.

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