The Supreme Court has indefinitely paused the Environmental Protection Agency’s efforts to limit air pollution from floating between state lines — a ruling interest groups and environmental lawyers called worrying and “unusual,” even for the conservative court.
The justices voted 5-4 to grant an emergency stay to the states, which asked the court to pause the “good neighbor rule” while lower courts evaluate ongoing challenges to the agency’s plans.
Justice Neil Gorsuch wrote the majority opinion, with Justices John Roberts, Samuel Alito, Clarence Thomas and Brett Kavanaugh concurring, arguing that the EPA failed to adequately consider and adapt to public comments in crafting the rule. Justice Amy Coney Barrett wrote the dissenting opinion, with the remaining liberal justices supporting.