Court rejects Utah’s request to block EPA smog rule

A federal appeals court on Monday sided with the Biden administration against the state of Utah in a lawsuit over the Environmental Protection Agency’s (EPA) “good neighbor” rule, which regulates the flow of air pollution across state lines.

In a single-page ruling, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit declined to stay the EPA rule, writing that the plaintiffs “have not satisfied the stringent requirements for a stay pending court review.” The ruling states that one of the three judges, Judge Justin Walker, would have granted a stay.

The good neighbor rule regulates the air pollution that 24 upwind states may produce. The state of Utah in June sued over the rule, arguing its regulations of Utah’s pollution would harm the state’s economy and cost millions of dollars in upgrades to its coal plants.  

The DC Circuit in March dismissed a utility-backed lawsuit against the rule, but in May, another court, the Eighth Circuit Court of Appeals, granted a request for a stay by Missouri Attorney General Andrew Bailey (R). Another court, the 5th Circuit in New Orleans, stayed the EPA’s rejection of Texas and Louisiana’s plans. In response, the agency postponed implementation in those three states as well as Arkansas, Kentucky and Mississippi.

Environmental organizations hailed the ruling in the Utah case in light of the earlier court setbacks for the rule. 

“This court decision marks a crucial step in our ongoing battle to hold upwind polluters accountable for exacerbating cross-state smog pollution,” Earthjustice Attorney Kathleen Riley said in a statement. “With more than 127 million people residing in regions plagued by harmful ozone levels, the Good Neighbor Rule protects public health. Earthjustice will keep fighting to ensure that this and national air quality rules truly protect public health.”  

The Hill has reached out to the office of Utah Attorney General Sean Reyes (R) for comment.