On behalf of the majority, Justice Ruth Bader Ginsburg wrote this week that EPA emission budgets were “permissible, workable and equitable” under the so-called Good Neighbor Provision of the Clean Air Act, allowing the EPA control over cross-state pollution.
The NMA condemned the ruling as hurting states’ rights and economic growth. “Today’s decision appears to sanction EPA’s subversion of the Congress under the Clean Air Act,” NMA CEO Hal Quinn said in a statement. “We are concerned with latitude afforded EPA to preempt states before they have a chance to act — moving regulatory targets and changing interpretations are enemies of investment and job creation.”
