Supreme Court Poised To Block EPA Emissions Rule

Of all the things that are controversial in federal regulation enforcement, the EPA’s “good neighbor” rule is one of the more controversial. However, it looks as if the United States Supreme Court might finally bring it to a close after Justices heard oral arguments for and against its continued enforcement.

Automakers have been pushing back against EPA regulatory proposals lately.

Multiple reports about the proceedings claim a majority of Justices were sympathetic to different companies and states which argued against the EPA’s enforcement of the rule. Known as the “good neighbor” portion of the Clean Air Act, it’s been used to force operations that are in states which are upwind to conform to strict emissions regulations so the air quality of downwind states doesn’t suffer.

Despite what some tend to believe, even though enforcement is related to the Clear Air Act, the EPA is constantly writing administrative law on its own, adjusting what exactly it enforces, and that has angered many. For example, back in 2015 the EPA unilaterally changed how much ozone pollution it would allow.

The auto industry and in turn car enthusiasts have felt the sting of the EPA lately as the federal regulatory agency has become more aggressive. Armed agents have stormed shops, warehouses, and other automotive businesses it believes have violated federal law. However, many claim what’s been violated is the EPA’s constantly shifting standards, not the law as written the Congress.

It’s difficult to say what would be the end result of the “good neighbor” rule being suspended by the Supreme Court, if that’s the outcome, which many think is likely. With a growing movement against the constant mission creep of administrative law in the EPA and many other Executive Branch regulatory agencies, it’s possible we’ll see many rules rescinded in the coming years.

But the future is hard to predict. Not everyone would have guessed accurately ten years ago that EPA agents kitted up would be storming auto repair shops, so who knows what the future holds?

Image via US EPA

Follow The Auto Wire on Google News.