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3mo ago

Supreme Court Sends EPA State-Plan Challenges to Regional Appeals Courts

Justices unanimously introduced a test requiring EPA denials of state implementation plans to be heard in the circuits where they apply.

The entrance to the United States Court of Appeals for the Federal Circuit in Washington, D.C.
The U.S. Environmental Protection Agency (EPA) sign is seen on the podium at EPA headquarters in Washington, U.S., July 11, 2018. REUTERS/Ting Shen/File Photo

Overview

  • The Supreme Court’s 8-0 ruling bars the EPA from defending its denials of individual state implementation plans in the D.C. Circuit and directs those cases to regional courts.
  • Justice Clarence Thomas wrote that bundling multiple SIP disapprovals in a single Federal Register notice does not transform them into a national action.
  • The opinion establishes a venue test distinguishing localized EPA decisions from nationwide rules eligible for review in the D.C. Circuit.
  • The dispute originated from the EPA’s 2023 rejection of 21 states’ plans under the Clean Air Act’s Good Neighbor provision.
  • The case is now set to proceed in the 10th Circuit Court of Appeals, a move that could diversify judicial review of federal regulations.