Ohio v. Environmental Protection Agency | |
---|---|
![]() | |
Argued February 21, 2024 Decided June 27, 2024 | |
Full case name | Ohio et al v. Environmental Protection Agency et al |
Docket no. | 23A349 |
Citations | 603 U.S. __ ( more ) |
Argument | Oral argument |
Questions presented | |
(1) Whether the court should stay the Environmental Protection Agency’s federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule are reasonable regardless of the number of states subject to the rule. | |
Holding | |
The applications for a stay are granted; enforcement of EPA’s rule against the applicants shall be stayed pending the disposition of the applicants’ petition for review in the D. C. Circuit and any petition for writ of certiorari, timely sought | |
Court membership | |
| |
Case opinions | |
Majority | Gorsuch, joined by Roberts, Alito, Thomas, Kavanaugh |
Dissent | Barrett, joined by Sotomayor, Kagan, Jackson |
Laws applied | |
Clean Air Act |
Ohio v. Environmental Protection Agency, 603 U.S. ___ (2024), is a United States Supreme Court case regarding the Clean Air Act.
The United States Clean Air Act is a law intended to reduce the impacts of air pollution. In the Clean Air Act, there is a section called the "Good Neighbor" provision, which mandates states to implement policies to reduce the impact of air pollution on other states, such as asthma or bronchitis. [1] In October 2015, the Environmental Protection Agency set new standard for reduction of ozone pollution. [1] This required states to submit State Implementation Plans (SIPs). [2] In 2022, the EPA announced that it would be denying 23 states' SIPs. [2] In response, the EPA proposed a Federal Implementation Plan that amended the National Ambient Air Quality Standards. [3] The EPA had a right to do this under the Clean Air Act. Three plaintiffs, collectively referred to as "Ohio," filed an emergency appeal to the Supreme Court.
Ohio claimed that the EPA's federal implementation plan would put undue pressure on the U.S. electrical grid. The EPA argued that the plan contained important public benefits that if halted would cause delays in improving air quality that could be harmful. The EPA also argued that Ohio did not demonstrate any harm that would arise if the plan remained in effect while the legal proceedings continued. The Supreme Court did not put the EPA plan on hold while legal proceedings were underway. In a 5-4 decision, the Supreme Court decided that the EPA plan would be stayed pending petition for review and writ of certiorari.
Neil Gorsuch delivered the opinion of the court, which John Roberts, Samuel Alito, Clarence Thomas, and Brett Kavanaugh joined. They claimed that the EPA's methodology in their report was misreported and incorrect. They applied the Clean Air Act's section that allows a court to reverse a federal implementation plan if it is "arbitrary or capricious" and found in favor of Ohio. [4] [5]
Amy Coney Barrett delivered the dissent, joined by Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. The dissent argued that the petition did not meet the criteria for emergency relief and that the case should be re-evaluated on its merits. [5]
The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.
A State Implementation Plan (SIP) is a United States state plan for complying with the federal Clean Air Act, administered by the Environmental Protection Agency (EPA). The SIP, developed by a state agency and approved by EPA, consists of narrative, rules, technical documentation, and agreements that an individual state will use to control and clean up polluted areas.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test for when U.S. federal courts must defer to a government agency's interpretation of a law or statute. The decision articulated a doctrine known as "Chevron deference". Chevron deference consisted of a two-part test that was deferential to government agencies: first, whether Congress has spoken directly to the precise issue at question, and second, "whether the agency's answer is based on a permissible construction of the statute".
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007), is a 5–4 U.S. Supreme Court case in which Massachusetts, along with eleven other states and several cities of the United States, represented by James Milkey, brought suit against the Environmental Protection Agency (EPA) represented by Gregory G. Garre to force the federal agency to regulate the emissions of carbon dioxide and other greenhouse gases (GHGs) that pollute the environment and contribute to climate change.
Whitman v. American Trucking Associations, Inc., 531 U.S. 457 (2001), was a case decided by the United States Supreme Court in which the Environmental Protection Agency's National Ambient Air Quality Standard (NAAQS) for regulating ozone and particulate matter was challenged by the American Trucking Association, along with other private companies and the states of Michigan, Ohio, and West Virginia.
The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws.
National Assn. of Home Builders v. Defenders of Wildlife, 551 U.S. 644 (2007), was a United States Supreme Court case about federal jurisdiction over anti-pollution statutes. Justice Samuel Alito wrote the opinion of the Court, holding that the Endangered Species Act did not require the Environmental Protection Agency to apply additional criteria when evaluating a transfer of pollution control jurisdiction under the Clean Water Act. Justices John Paul Stevens and Stephen Breyer wrote dissenting opinions.
American Electric Power Company v. Connecticut, 564 U.S. 410 (2011), was a United States Supreme Court case in which the Court, in an 8–0 decision, held that corporations cannot be sued for greenhouse gas emissions (GHGs) under federal common law, primarily because the Clean Air Act (CAA) delegates the management of carbon dioxide and other GHG emissions to the Environmental Protection Agency (EPA). Brought to court in July 2004 in the Southern District of New York, this was the first global warming case based on a public nuisance claim.
Alaska Dept. of Environmental Conservation v. EPA, 540 U.S. 461 (2004), is a US Supreme Court case clarifying the scope of state environmental regulators and the Environmental Protection Agency (EPA). In a 5–4 decision, the Supreme Court found the EPA has authority to overrule state agency decisions under the Clean Air Act that a company is using the "best available controlling technology" to prevent pollution.
Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009), is a decision by the United States Supreme Court that reviewed the Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regard to cooling water intakes for power plants. Existing facilities are mandated to use the "Best Technology Available" to "minimize the adverse environmental impact." The issue was whether the agency may use a cost–benefit analysis (CBA) in choosing the Best Available Technology or (BAT) to meet the National Performance Standards (NPS).
Sackett v. Environmental Protection Agency, 566 U.S. 120 (2012), also known as Sackett I, is a United States Supreme Court case in which the Court held that orders issued by the Environmental Protection Agency under the Clean Water Act are subject to the Administrative Procedure Act. The Court ruled that because the Environmental Protection Agency's orders constitute "final agency action" under the Administrative Procedure Act, federal courts may hear appeals from its orders.
Environmental Defense v. Duke Energy Corporation, 549 U.S. 561 (2007), is a United States Supreme Court case in which the Court held that while a term may be used more than once in a statute, an agency has the discretion to interpret each use of the term in a different way based on the context. It involved the Environmental Defense Fund and Duke Energy. In a unanimous decision, the court held in favor of the plaintiff's argument.
Utility Air Regulatory Group v. Environmental Protection Agency, 573 U.S. 302 (2014), was a US Supreme Court case regarding the Environmental Protection Agency's regulation of air pollution under the Clean Air Act.
The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. The regulation defined the scope of federal water protection in a more consistent manner, particularly over streams and wetlands which have a significant hydrological and ecological connection to traditional navigable waters, interstate waters, and territorial seas. It is also referred to as the Waters of the United States (WOTUS) rule, which defines all bodies of water that fall under U.S. federal jurisdiction. The rule was published in response to concerns about lack of clarity over the act's scope from legislators at multiple levels, industry members, researchers and other science professionals, activists, and citizens.
Michigan v. Environmental Protection Agency, 576 U.S. 743 (2015), is a landmark United States Supreme Court case in which the Court analyzed whether the Environmental Protection Agency must consider costs when deciding to regulate, rather than later in the process of issuing the regulation.
The Clean Power Plan was an Obama administration policy aimed at combating climate change that was first proposed by the Environmental Protection Agency (EPA) in June 2014. The final version of the plan was unveiled by President Barack Obama on August 3, 2015. Each state was assigned an individual goal for reducing carbon emissions, which could be accomplished how they saw fit, but with the possibility of the EPA stepping in if the state refused to submit a plan. If every state met its target, the plan was projected to reduce carbon emissions from electricity generation 32% by 2030, relative to 2005 levels, as well as achieving various health benefits due to reduced air pollution.
County of Maui v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020), was a United States Supreme Court case involving pollution discharges under the Clean Water Act (CWA). The case asked whether the Clean Water Act requires a permit when pollutants that originate from a non-point source can be traced to reach navigable waters through mechanisms such as groundwater transport. In a 6–3 decision, the Court ruled that such non-point discharges require a permit when they are the "functional equivalent of a direct discharge", a new test defined by the ruling. The decision vacated the ruling of the United States Court of Appeals for the Ninth Circuit, and remanded the case with instructions to apply the new standard to the lower courts with cooperation of the Environmental Protection Agency (EPA).
West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022), is a landmark decision of the U.S. Supreme Court relating to the Clean Air Act, and the extent to which the Environmental Protection Agency (EPA) can regulate carbon dioxide emissions related to climate change.
Train v. Natural Resources Defense Council, 421 U.S. 60 (1975), is a United States Supreme Court case in which the Court held that the EPA must approve a State Implementation Plan if it meets the criteria under the Clean Air Act.
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II, was a United States Supreme Court case related to the scope of the Clean Water Act.