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It’s not looking good for the EPA’s ‘Good Neighbor Plan.’

The largely conservative Supreme Court heard arguments yesterday for Ohio v. EPA, and it sounds like SCOTUS is sympathetic to plaintiffs fighting the agency’s Good Neighbor Plan. The plan would force states, including Ohio, to prevent smog-forming pollution from drifting downwind to other states. More than a dozen states are fighting the plan in lower courts, and Ohio wants SCOTUS to force the EPA to pause the plan entirely while those legal battles are ongoing. Whether SCOTUS sides with Ohio now likely points to how it would rule later if any of those cases in lower courts ultimately make their way to SCOTUS.