October 22, 2024 - Ohio and other states are reupping their Supreme Court fight over an EPA smog control plan after scoring a victory in a separate case.

With a petition filed Friday, the states asked the high court to weigh in on a lower court’s decision last month to allow EPA to revisit the “good neighbor” rule that the justices, by a 5-4 majority, stayed in June.

Under a 1943 precedent, Ohio Attorney General Dave Yost (R) wrote in the petition, the administrative record is limited “to specified materials compiled from rule proposal to finalization that support the EPA’s bases for its action.”

But in granting EPA’s request for a voluntary remand of the plan, they added, the U.S. Court of Appeals for the District of Columbia Circuit last month “acquiesced” in allowing the agency “to supplement the administrative record without affording so much as an opportunity for affected parties to comment on the additions to the record.”