Supreme Court Must Review if EPA Can Edit Ozone Rule, States Say

A coalition of red states implored the Supreme Court to review a lower court’s remand of the “Good Neighbor” ozone plan language after the Environmental Protection Agency said such petition was unnecessary.

The states, including Ohio, West Virginia, and Kentucky, argued this case is an “ideal vehicle” to determine whether the Clean Air Act allows the agency to revise a rule after it is promulgated, according to a brief filed Monday.

While the petitioners acknowledged it is rare for the Supreme Court to take up a provisional judgment as circuit courts deliberate over a regulation’s legality, the question of whether ...