In the Media
Ohio v EPA and the Future of the ‘Good Neighbor’ Rule
Read Time: 1 minOf Counsel Michael Blumenthal (Cleveland) was interviewed by 3E for an article published on November 1, 2024, “Ohio v EPA and the Future of the ‘Good Neighbor’ Rule.” Michael discussed the recent Supreme Court decision and its impact on the Environmental Protection Agency (EPA).
To learn more about the ramifications of this decision, 3E reached out to Michael Blumenthal, former state prosecutor for Ohio and current environmental attorney. According to Blumenthal, the SCOTUS decision restricts the EPA’s ability to enforce the Good Neighbor Rule and may limit the EPA’s power to impose similar regulations on states in the future.
Blumenthal went on further to state that SCOTUS’s ruling is part of a broader trend where the court is reevaluating the scope of agency authority, and that future cases involving EPA regulations may see SCOTUS applying similar scrutiny, potentially leading to more limitations on federal agencies’ powers. “The Ohio v. EPA decision marks a shift towards more stringent judicial oversight of federal agencies, which could have lasting effects on environmental regulation and administrative law,” said Blumenthal.
Either way, Blumenthal stresses, “It is important to note that any attempt by the EPA to change the ‘Good Neighbor’ provision would likely face significant opposition from industry groups and states opposed to stricter environmental regulations. The outcome of such an effort is uncertain and would depend on various factors, including the political climate, the strength of the EPA’s arguments, and the willingness of the courts to uphold the agency’s authority.”