Critics, including Republicans and business groups, call the good neighbor rule an example of government overreach.

“Acting well beyond its delegated powers” under the Clean Air Act, the EPA rule “proposes to remake the energy sector in the affected states toward the agency’s preferred ends,” Republican lawmakers said in a friend-of-the-court brief.

The rule and other Biden administration regulations “are designed to hurriedly rid the U.S. power sector of fossil fuels by sharply increasing the operating costs for fossil fuel-fired power plant operators, forcing the plants’ premature retirement,” the brief by Washington Rep. Cathy McMorris Rodgers and Sens. Shelley Moore Capito of West Virginia and Roger Wicker of Mississippi asserted. Rodgers chairs the House Energy and Commerce Committee, while Capito and Wicker are senior members of the Senate Environment and Public Works Committee.

Supporters disputed that and called the “good neighbor” rule critical to address interstate air pollution and ensure that all Americans have access to clean air.

“These limits are crucial components of federal and state efforts under the Clean Air Act to protect public health, especially for vulnerable groups such as children, the elderly and those with preexisting health conditions,” said Prof. Christophe Courchesne, director of the Environmental Advocacy Clinic at Vermont Law and Graduate School.

Ground-level ozone, which forms when industrial pollutants chemically react in the presence of sunlight, can cause respiratory problems, including asthma and chronic bronchitis. People with compromised immune systems, the elderly and children playing outdoors are particularly vulnerable.

The rule applies mostly to states in the South and Midwest that contribute to air pollution along the East Coast. Some states, such as Texas, California, Pennsylvania, Illinois and Wisconsin, both contribute to downwind pollution and receive it from other states.

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