Supreme Court will hear challenge to EPA rule limiting downwind power plant pollution in 10 states

WASHINGTON (AP) — The Supreme Court will hear arguments in February on whether the Environmental Protection Agency can continue enforcing its anti-air-pollution “good neighbor” rule in 10 states, an effort to restrict smokestack emissions from power plants and other industrial sources that burden downwind areas with smog-causing pollution.

The high court put off a decision on whether to halt enforcement of the rule Wednesday, allowing it to stay in effect at least until after it hears arguments during its February session.

The rule is being challenged by three energy-producing states — Ohio, Indiana and West Virginia — as well as industry groups and individual businesses.

The EPA declined to comment Wednesday, referring questions to the Justice Department. The Justice Department also declined to comment.

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The environmental agency said power-plant emissions dropped by 18% in 2023 in the 10 states where it has been allowed to enforce its rule, which was finalized in March. Those states are Illinois, Indiana, Maryland,