While litigants await a decision in the U.S. Supreme Court case Ohio v. Environmental Protection Agency (EPA) that challenges EPA’s “Good Neighbor Plan,” on April 4, 2024, EPA announced its decision to partially deny petitions urging the agency to reconsider or modify that plan.
The four petitions EPA issued decisions on urged the EPA to reconsider or modify the Good Neighbor Plan, which requires power plants and other polluting industries located in upwind states like Ohio and Indiana to reduce ozone-forming emissions of nitrogen oxides (NOX) that flow to downwind states, thereby contributing to smog levels in those downwind states, according to the agency.