U.S. Supreme Court pauses federal smog control plan that Texas opposed

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1. On Thursday, the U.S. Supreme Court paused a U.S. Environmental Protection Agency plan to reduce the amount of smog that drifts across state borders from industrial facilities like power plants. This is the latest decision in a conflict over the federal agency’s “good neighbor” rule, announced in March 2023. 

   The rule requires Texas and 22 other states to cut emissions from power plants and other industrial sources contributing to ozone pollution in neighboring states. The court ruled Thursday that the federal government did not explain how the plan would work with fewer participating states since the rule is on hold in Texas and 11 other states.

   The Clean Air Act requires states to submit plans to comply with federal air quality standards set by the EPA, including the good neighbor rule, which aims to address the impact of air pollution crossing state lines. Pollution migrating from “upwind states” like Texas could push neighboring states out of compliance with federal air standards. 

   In 2022, Texas submitted plans that the EPA rejected as inadequate. Texas then sued the EPA over that ruling in February. The following month, the EPA revised its smog plan to provide a national solution to the ozone pollution problem. However, Texas sued again, challenging the revised plan.

   While Texas is not actively involved in the Supreme Court case, an expert says its decision to pause the plan will influence legal challenges as they proceed in lower courts. In Texas, the ozone season runs from March to November. Hot, sunny days worsen smog, becoming more common due to climate change.

   Cities like Houston and Dallas have experienced an increase in ozone action days, which are days when ozone levels are unhealthy for children, pregnant women, older adults and people with preexisting respiratory conditions. Environmental lawyers and advocates say the Supreme Court’s ruling means the industry will not be obligated to comply with the federal rule until the pause is lifted.

2. Elections have consequences folks.

   Make a plan to vote and go volunteer or donate if able.

3. From The Guardian article on the ruling: ““Giving corporate polluters a pass to keep prioritizing profits over people is a devastating outcome for public health, especially as we prepare for a summer that could be one of the worst smog seasons on record,” said Holly Bender, chief energy officer at the Sierra Club.”

4. Oh Texas, how many folks need to die for you to accept that these are the consequences of greed and inaction.

5. I think republicans want us to die.