Supreme Court Debates Venue for Clean Air Act Challenges

Justices weigh whether EPA cases should remain in the D.C. Circuit or be heard in regional courts, a decision that could reshape environmental litigation and judicial practices.

• The Supreme Court heard oral arguments on two cases concerning the proper venue for Clean Air Act disputes, focusing on whether cases should be heard in the D.C. Circuit or regional courts.
• Central to the debate is the distinction between 'nationally applicable' and 'locally or regionally applicable' EPA decisions, with justices divided on how to categorize air pollution cases that cross state lines.
• Conservative justices appeared inclined to favor regional courts, citing concerns about granting the EPA 'home court advantage' and disrupting historical practices.
• The Biden administration argues that centralizing such cases in the D.C. Circuit ensures judicial consistency and prevents inefficiencies, while opponents warn this could limit access to ideologically diverse courts.
• The decision, expected by June 2025, could influence the enforcement of EPA regulations like the 'good neighbor' rule and address concerns over judge shopping in ideologically aligned circuits.

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