Supreme Court to Decide Jurisdiction for EPA Regulatory Challenges

The Supreme Court will hear cases determining whether regional or D.C.-based courts should handle disputes over EPA actions under the Clean Air Act.

The Supreme Court has agreed to hear cases involving the venue for challenges to EPA decisions on smog plans and ethanol blending exemptions.
Oklahoma and Utah argue that their smog-related cases should be heard in the 10th Circuit, while oil refineries prefer their ethanol exemption cases in the 5th Circuit.
The EPA contends that these matters are nationally applicable, thus should be addressed by the D.C. Circuit Court of Appeals.
The decisions could significantly impact how and where future regulatory challenges against the EPA are litigated, potentially favoring state and industry groups.
Justice Samuel Alito did not participate in the decision to review these cases, presumably due to a conflict of interest.