The U.S. Supreme Court issued two opinions that draw a clearer line between challenges to Environmental Protection Agency actions that belong in the District of Columbia Circuit and those that should be heard in regional appeals courts, a ruling that could curb forum shopping in environmental litigation. In a 7–2 opinion written by Justice Clarence Thomas in EPA v. Calumet Shreveport Refining, the Court held that small refineries contesting the agency’s denial of renewable-fuel standard exemptions must file in the D.C. Circuit because the EPA’s reasoning rested on determinations of nationwide scope. A separate 8–0 decision in Oklahoma v. EPA, also authored by Thomas, concluded that the EPA’s rejection of Oklahoma’s and Utah’s state ‘Good Neighbor’ ozone plans is predominantly fact-specific and therefore should be reviewed in the Tenth Circuit rather than in Washington. Justice Samuel Alito did not participate. Together, the rulings establish a two-step framework for deciding venue under the Clean Air Act: nationally applicable actions—or local actions based on nationwide determinations—go to the D.C. Circuit, while primarily local or regional decisions stay in regional courts. The venue issue will return to the Court next term after justices agreed earlier in the week to hear Chevron and Exxon Mobil’s bid to move Louisiana coastal-damage lawsuits into federal court.
The U.S. Supreme Court handed Utah a victory over the EPA with an 8-0 ruling. https://t.co/yAciwdH916
.@keanuaj on holding Big Oil accountable,"This is the hottest summer on record, but it's also the coolest one for the rest of our generation's lives. That's why it was so significant that we passed the Climate Superfund Act in New York." Now, we're taking this fight nationwide.
"Big Oil knew their actions would cause the climate crisis. We need them to pay for the harm that is happening because of their actions — not only to rebuild LA but to rebuild LA in a greener and more just way." - Nico with Sunrise LA https://t.co/1GsOfZ5lW7