The U.S. Supreme Court is weighing two pivotal cases under the Clean Air Act, questioning whether certain challenges against the Environmental Protection Agency (EPA) should be heard exclusively in the D.C. Circuit or can be litigated in regional courts. The court entertained arguments on cases involving the EPA’s denial of exemption requests from small oil refineries and the rejection of state air quality plans. The Clean Air Act designates the D.C. Circuit as the appropriate venue for “nationally applicable regulations,” but regional circuits can be chosen for “locally or regionally applicable” rules, unless they have “nationwide scope or effect.”
Several justices signaled they might diverge on the two cases. Justice Elena Kagan indicated differing intuitions for these cases, with more inclination towards centralizing the refineries’ case in the D.C. Circuit. Arguments from Justice Brett Kavanaugh and others suggested that D.C. might also ensure more consistency on cases of national regulatory impact, noting that regulatory reviews require nuanced understanding that doesn’t necessarily get lost in the D.C. forum.
For more detailed insight on the proceedings and implications of these cases, visit the National Law Journal’s article.