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How Supreme Court ruling affects Biden administration's anti-smog policy: 'A travesty of justice'

"It would delay efforts to control pollution."

"It would delay efforts to control pollution."

Photo Credit: iStock

In June, the Supreme Court put the brakes on the Biden administration's plan to cut down on air pollution, and the impact on air quality in America could be significant.

What's happening?

In a 5-4 decision, the Supreme Court temporarily blocked the Environmental Protection Agency's "good neighbor" plan to reduce harmful ozone pollution that drifts across state lines from factories and power plants. The plan initially applied to 23 states that met the criteria, requiring them to make cuts to pollution that causes smog and is linked to health issues such as "lung disease and premature death," according to The New York Times.

While the ruling is not final as litigation continues, it deals another setback to the Biden administration's environmental protection efforts, following other recent decisions limiting the EPA's authority on pollution.

The temporary loss likely suspends the critical plan for several more months, if not longer.

As a representative from the EPA stated, "It would delay efforts to control pollution that contributes to unhealthy air in downwind states, which is contrary to Congress's express directive that sources in upwind states must assume responsibility for their contributions to emissions levels in downwind states."

Why is air pollution concerning?

Air pollution doesn't just cloud our skies — it threatens the very air we breathe. Ozone pollution, or smog, can trigger serious respiratory problems like asthma attacks, exacerbate lung diseases, and even contribute to premature death.

This invisible threat disproportionately impacts vulnerable groups like children, the elderly, and low-income communities who already face health disparities. As rising global temperatures fuel more intense and frequent heat waves, ozone pollution will likely get worse.

While the Supreme Court's ruling focuses on the statutory authority question, the human toll of delaying pollution cuts remains the core concern. Every day without stronger interstate pollution standards is another day Americans, especially in downwind states, must breathe dirtier, more dangerous air.

"The court's extraordinary decision today to grant an emergency stay is a travesty of justice that puts the lives and health of millions of people at risk," said Vickie Patton, a lawyer for the Environmental Defense Fund.

What's being done to reduce air pollution?

Despite this judicial speed bump, many pathways remain to clear the air and protect public health. While the EPA works to revise its approach, states can still take the initiative to tighten their own pollution standards and hold upwind polluters accountable.

On the individual level, small changes add up to cleaner air for all. Whenever possible, opt to walk, bike, or take public transit instead of driving. Turn off lights and unplug electronics when not in use to curb power plant pollution. Consider cleaner alternatives when it's time to replace appliances, like an electric stove instead of gas.

Most importantly, make your voice heard by contacting representatives and voting for leaders committed to reducing pollution and safeguarding our right to breathe clean air. Together, we can build a future where everyone can thrive with healthy air, no matter which way the judicial winds blow.

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