‘Good Neighbor’ Air Rule Hangs In The Balance As Justices Appear Split

February 21, 2024
High court justices appear split on whether to grant an emergency stay of EPA’s Good Neighbor Plan (GNP) interstate ozone rule, with at least four conservative justices seemingly favoring a stay sought by “upwind” states and industry, though their success will depend on convincing at least one more of their colleagues to join them. During Feb. 21 oral argument in Ohio, et al. v. EPA, et al. , and associated cases, Justices Clarence Thomas, Brett Kavanaugh, Neil Gorsuch and Samuel...

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