Last summer’s forest fires in Canada turned New York City’s air orange, reminding us that air pollution can be carried across state borders by the wind. Fortunately, the federal government has the authority to regulate cross-state air pollution under the Commerce Clause of the Constitution, as well as the Clean Air Act. The EPA’s “good neighbor” provision, outlined in section 110(a)(2)(D)(i)(I) of the Clean Air Act, requires states to address interstate transport of air pollution that affects downwind states’ ability to maintain National Ambient Air Quality Standards (NAAQS). In the latest development, the U.S. Supreme Court has agreed to hear a dispute on whether the EPA has exceeded its authority in enforcing regulations to reduce ozone emissions that worsen air pollution in neighboring states. This decision, made in response to requests from several states and industry stakeholders, challenges the EPA’s federal “Good Neighbor” plan and its regulation of ozone in upwind states. The core of the issue revolves around the EPA’s determination that the emission control plans of 23 states were inadequate to protect downwind states from ozone pollution. Opposition to federal regulation is fueled by a combination of political ideologies and resistance from power companies and other polluters that are reluctant to comply with national air pollution standards. Despite the basis of the federal good neighbor rule being the impact of air pollution on neighboring states, the fact remains that air pollution also harms people within the polluting state. The solution to this issue calls for cooperation and adherence to national policy, and the need for continued regulation remains crucial. Regulations stimulate innovation and modernization, making businesses more competitive. As our world becomes more complex and interconnected, the need for agile and responsive regulation grows, whether it involves regulating physical harm from air pollution or more complex issues like social media algorithms and artificial intelligence. We must ensure that our regulatory policies keep up with the changing landscape of our economy and society.
