With Good Neighbor Rule ruling, it’s the Supreme Court’s world now. We’re just trying to breathe in it.

The author critiques the US Supreme Court's 5-4 decision to temporarily block the EPA's Good Neighbor Rule, which aimed to limit nitrogen oxide emissions from power plants and industrial sources in 23 states. The commentary argues that the Court disregarded significant public health benefits—including the prevention of 1,300 premature deaths in 2026 alone—and bypassed the standard judicial process by acting as a 'court of first view' rather than review. The author contends that the Court is inappropriately assuming a regulatory role ('Super-EPA') by making rushed assessments of highly technical environmental records without full briefing from lower courts.

• The Supreme Court's decision to block the Good Neighbor Rule removes substantial public health protections. EPA estimates for 2026 alone indicate the rule would have prevented approximately 1,300 premature deaths, avoided over 2,300 hospital and emergency room visits, reduced asthma symptoms by 1.3 million cases, and avoided 430,000 school absence days and 25,000 lost workdays.
• The monetized benefits of the Good Neighbor Rule between 2023 and 2042 are estimated at an average of $13 billion per year, though the author notes these figures undercount actual benefits that are difficult to quantify.
• The author argues the Court has altered the standard for emergency stays, reducing a multi-factor test to a rushed assessment of the merits. This shift removes the burden from industry interests and states to prove they are likely to be irreparably injured or that the balance of equities favors them.
• The commentary asserts that the Supreme Court is bypassing lower courts to act as a 'court of first view,' making decisions on technical environmental records without the benefit of full briefing or the 'percolation' of issues in lower courts.

APA

Goho, S. (2024). With Good Neighbor Rule ruling, it’s the Supreme Court’s world now. We’re just trying to breathe in it. Clean Air Task Force. https://www.catf.us/2024/07/with-good-neighbor-rule-ruling-its-the-supreme-courts-world-now-were-just-trying-to-breathe-in-it/

Chicago

Goho, Shaun. With Good Neighbor Rule ruling, it’s the Supreme Court’s world now. We’re just trying to breathe in it. Clean Air Task Force, 2024. https://www.catf.us/2024/07/with-good-neighbor-rule-ruling-its-the-supreme-courts-world-now-were-just-trying-to-breathe-in-it/.

Wikipedia

{{cite report |last1=Goho |first1=Shaun |title=With Good Neighbor Rule ruling, it’s the Supreme Court’s world now. We’re just trying to breathe in it. |publisher=Clean Air Task Force |date=1 July 2024 |url=https://www.catf.us/2024/07/with-good-neighbor-rule-ruling-its-the-supreme-courts-world-now-were-just-trying-to-breathe-in-it/ |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{goho2024with, author = {Goho, Shaun}, title = {{With Good Neighbor Rule ruling, it’s the Supreme Court’s world now. We’re just trying to breathe in it.}}, institution = {Clean Air Task Force}, year = {2024}, month = jul, url = {https://www.catf.us/2024/07/with-good-neighbor-rule-ruling-its-the-supreme-courts-world-now-were-just-trying-to-breathe-in-it/}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }