Plain-English summary
Court says EPA’s disapproval of state ozone plans is reviewed in regional courts, not D.C. Circuit
The Court held that EPA’s 2023 disapprovals of state ozone implementation plans are "locally or regionally applicable" actions under the Clean Air Act and therefore must be reviewed in the regional federal courts of appeals. The decision reverses the Tenth Circuit and sends the cases back for proceedings in the correct regional courts.
Why this matters
This decision determines where states and other parties must file legal challenges to EPA decisions that affect particular states. It channels challenges over state-specific EPA actions to the regional federal courts of appeals instead of concentrating such cases in the D.C. Circuit. That affects forum choice, timing, and potentially outcomes of future Clean Air Act challenges.
Who may feel it
- State governments (especially those receiving EPA disapprovals)
- EPA and other federal agencies issuing state-directed decisions
- Businesses and industries regulated under state implementation plans
- Environmental and public-health groups
- Federal courts (D.C. Circuit and regional circuits)