Senator Wicker Leads Amicus Brief Challenging EPA’s Overreaching So-Called ‘Good Neighbor’ Rule

April 9, 2024

WASHINGTON – U.S. Senator Roger Wicker, R-Miss., joined U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, U.S. Rep. Cathy McMorris Rodgers, Chair of the House Energy and Commerce (E&C) Committee, and 44 of their colleagues in filing a bicameral amicus curiae brief in the D.C. Circuit in support of state and industry challengers of the Environmental Protection Agency’s (EPA) so-called “Good Neighbor” air rule.


For years, states have put forward good-faith efforts to address the emissions concerns through individual State Implementation Plans (SIP). The EPA continues to push for this rule despite the effort.


Senator Wicker has led the charge to overturn the rule, which will put severe restrictions on state emissions based on a questionable methodology that assigns fault to “upwind” states like Mississippi for other “downwind” state emissions. Meaning, the Biden administration is blaming Mississippi for emissions issues in states that are sometimes more than one state line away.


“The Biden administration wants to put a one-size-fits-all on everything: Whether it is health care, nursing homes, or in this case, energy policy. Blaming rural states such as Mississippi for issues in major metropolitan cites in states far away is just silly. I will continue to lead the charge fighting this policy proposal,” Senator Wicker said.




The so-called “Good Neighbor” rule imposes overreaching emissions requirements on power plants, natural gas pipeline assets, and industrial plants like steel, cement, and paper production facilities in 23 states. Other federal courts have already frozen implementation of the rule in 12 states. Despite active Supreme Court proceedings that may halt implementation of the rule nationwide, the EPA has remained committed to the illegal rule and recently proposed to add five more states to the program.


Senator Wicker led the Congressional Review Act resolution of disapproval of this rule in June 2023. In February 2024, Senator Wicker also led 14 of his colleagues in a letter to the Federal Energy Regulatory Commission requesting that the Commission hold a technical conference to examine the potential reliability and resource adequacy effects of the Good Neighbor Rule.