Oral Argument: Ohio v. EPA | Case No. 23A349 | Date Argued: 2/21/24 | Date Decided: 6/27/2024

Oral Argument: Ohio v. EPA | Case No. 23A349 | Date Argued: 2/21/24 | Date Decided: 6/27/2024

Case consolidated with Kinder Morgan, Inc. v. EPA, Case No. 23A350, American Forest & Paper Assn. v. EPA, Case No. 23A351 and U.S. Steel Corp. v. EPA, Case No. 23A384.

Link to Docket: Here.

Holding: The enforcement of the Environmental Protection Agency's federal implementation plan against the applicant states, whose own state implementation plans were determined by EPA to be inadequate because they failed to adequately address certain obligations under the Good Neighbor Provision, shall be stayed pending disposition of the applicants' petition for review in the U.S. Court of Appeals for the D.C. Circuit and any petition for writ of certiorari, timely sought.

Result: Application for stay granted.

Voting Breakdown: 5-4. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, and Kavanaugh joined. Justice Barrett filed a dissenting opinion, in which Justices Sotomayor, Kagan, and Jackson joined.

Link to Opinion: Here.

Oral Advocates:

• For state applicants: Mathura J. Sridharan, Deputy Solicitor General, Columbus, Ohio.
• For industry applicants: Catherine E. Stetson, Washington, D.C. For federal Respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.
• For state Respondents: Judith N. Vale, Deputy Solicitor General, New York, N.Y.