EPA urges justices to decide air law ‘venue’ question in RFS suit, not GNP

Source: By Stuart Parker, Inside EPA • Posted: Wednesday, May 22, 2024

EPA is urging the Supreme Court to deny states’ and industry groups’ petitions to decide whether litigation over its Good Neighbor Plan (GNP) can be heard in regional courts of appeals, and instead grant its own just-filed petition for review of suits over renewable fuel standard (RFS) waivers that it says is a “better vehicle” to decide the same issue.

In a May 21 response to the petitions for a writ of certiorari filed by Oklahoma and utility PacifiCorp over EPA’s denial of state implementation plans (SIPs) for Oklahoma and Utah, the agency defends its position that litigation over the denials belongs only in the U.S. Court of Appeals for the District of Columbia Circuit. EPA has maintained that its linked denials of 21 states’ plans, which allowed it to impose federal GNP requirements in each, are “nationally applicable,” and also have “nationwide scope or effect” — the Clean Air Act’s test for when a case can be heard only in the D.C. Circuit rather than regional courts.