Supreme Court Agrees to Hear Challenge to EPA Anti-Smog Regulation

The Supreme Court agreed on Dec. 20 to fast-track a challenge by Republican-led states and the energy industry to the U.S. Environmental Protection Agency’s (EPA) “good neighbor” rule that would crack down on states whose industries are said to be contributing to smog.

The court declined to block the regulation but stated in an unsigned order that oral argument will be heard in the case in February 2024. The specific date hasn't yet been determined.

In an emergency filing directed to Chief Justice John Roberts in October, Ohio Deputy Solicitor General Mathura Sridharan urged the court to take action immediately.

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