Appeals Court Will Not Halt Good Neighbor Plan to Reduce Interstate Air Pollution from Coal-Plant Smokestacks

(Washington, D.C. – September 25, 2023) The U.S. Court of Appeals for the D.C. Circuit today rejected an attempt to halt the Good Neighbor Plan – a vital pollution-reduction effort by the U.S. Environmental Protection Agency that protects people in downwind states from smog that blows over their borders from power plants, including coal-plant smokestacks, and other industrial sources in neighboring states.

“Today’s decision is a win for clean air, public health, and the rule of law. It means we can continue protecting the health of millions of people in downwind states from the dangerous smog being emitted by their neighbors,” said Noha Haggag, a clean air attorney for Environmental Defense Fund, which was a party to the case. “EPA has a long history of protecting downwind states under the good neighbor provisions of the Clean Air Act, and today’s ruling underscores the solid legal foundation of the Good Neighbor Plan.”

The Good Neighbor Plan requires power plants, including coal plants, and other industrial sites in upwind states to decrease their nitrogen oxides (NOx) pollution, which contributes to unhealthy levels of smog in nearby states. That smog can affect communities hundreds of miles downwind, as well as people who live near the polluting facilities.

Smog is a caustic pollutant that is linked to serious heart and lung diseases and premature deaths. It is especially dangerous for children as their lungs are still developing, but also poses an increased risk to people with asthma, the elderly, and people who are active outdoors. EPA estimates the Good Neighbor Rule will save at least one thousand lives and prevent more that one million asthma attacks each year when it is fully implemented.

Under the Good Neighbor Plan power plants and other industrial sources that have already installed pollution controls would be required to consistently use them and other facilities would be required to install pollution controls using a phased-in approach. The Clean Air Act requires that upwind states reduce emissions that contribute to interstate pollution, and EPA has long history of protecting people in downwind states under those provisions of the law.

Opponents filed lawsuits in several courts to overturn the Good Neighbor Rule, and they also have asked courts to issue stays – which would halt the rule from being enforced while the cases are considered.

EDF joined a coalition of environmental and health groups to defend the Good Neighbor Rule in the D.C. Circuit. That coalition includes: Citizens for Pennsylvania’s Future, Clean Air Council, and Clean Wisconsin represented by Clean Air Task Force; and Air Alliance Houston, Appalachian Mountain Club, Center for Biological Diversity, Chesapeake Bay Foundation, Downwinders at Risk, Louisiana Environmental Action Network, Sierra Club, Southern Utah Wilderness Alliance, and Utah Physicians for a Healthy Environment, represented by Earthjustice.

Today the D.C. Circuit denied opponents’ request for a stay, which leaves the Good Neighbor Plan in effect for the duration of the litigation in that court.

Other stay requests and litigation are still pending in some other courts.