Supreme Court Clean Air Fight Could Pry Disputes From Washington

Source: Bloomberg Law

Oct. 22, 2024, 5:30 AM EDT


A US Supreme Court fight over two major clean air regulations has the potential to limit the EPA’s ability to defend rules with state plan components at the D.C. Circuit, according to attorneys.

The justices on Monday agreed to hear venue battles in petitions against the Environmental Protection Agency’s traveling ozone and renewable fuel standards, taking up questions about which court is best to handle disputes over national rules that rely on individual state plans.

The question hinges on whether rules that are implemented on a state-by-state basis are “nationally applicable,” meaning they should be heard by the US Court of Appeals for the District of Columbia Circuit. But state and industry challengers say regional circuits should decide the outcome.

“It is a slippery slope, as the DC Circuit has been the circuit designated to hear such matters,” Daniel Cotter, Dickinson Wright PLLC member, said in an email. “The Court’s arguments and then decisions on these questions potentially will have some far reaching consequences, including the cost and potential for inconsistencies as the dissent pointed out.”

Read more: https://news.bloomberglaw.com/environment-and-energy/supreme-court-clean-air-fight-could-pry-disputes-from-washington

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Well now this was a bit hush hush sliding under the election news. I spotted a NPR story from yesterday that suddenly appeared today with an intriguing headline - A frustrated Supreme Court to look at one version of judge shopping

As we know, the GOP loons have tried funnel everything in their draconian agenda, into the 45/Turtle- packed 5th Circuit. The loon SCOTUS could essentially moot the whole D.C. Circuit.