Stoel Rives Summer Associate Jessica Wright co-authored this post.
We want to bring to your attention a recent development involving the Environmental Protection Agency’s (EPA) regulation of air pollutants. In the case Ohio v. EPA, the Supreme Court issued a stay on the enforcement of the EPA’s Federal Implementation Plan (FIP), halting the EPA’s ability to enforce its emission reduction plan.
The stay means that, for now, power plants and other emission sources in these states will not need to make substantial financial investments to comply with the FIP. This pause provides a temporary reprieve for industry as the case continues to be litigated, with the Court indicating that the states are likely to ultimately succeed in their challenge against the EPA. This decision underscores the importance for agencies to provide clear and reasoned responses to public comments during rulemaking, as failure to do so can invalidate the entire rule. Businesses should remain vigilant as this case progresses and as the regulatory landscape continues to evolve. For a deeper dive into this ruling and its implications, please read the full alert here.