Plain-English summary
Says challenges to EPA's disapproval of a single state's air plan may go outside D.C. Circuit
The Court reversed the Tenth Circuit and held that not every EPA disapproval of a State Implementation Plan (SIP) must be heard in the D.C. Circuit under 42 U.S.C. § 7607(b)(1). State-specific SIP disapprovals that are not part of a coordinated, multi-state rulemaking can be challenged in other federal courts of appeals.
Why this matters
This decision affects where businesses, states, and other parties can file lawsuits to challenge EPA decisions about state air-quality plans. Filing in a local circuit can be faster or more favorable for some challengers; requiring exclusive review in the D.C. Circuit concentrates high-stakes cases there. The ruling limits EPA's ability to funnel disputes into a single court by packaging or describing separate state decisions as a uniform national action.
Who may feel it
- Power companies and other regulated industry (e.g., PacifiCorp)
- State governments that submit SIPs
- Environmental groups and challengers to EPA actions
- Federal agencies and lawyers who litigate environmental rules
- Federal courts and litigants concerned with venue and judicial review
Key questions
- Does 42 U.S.C. § 7607(b)(1) force all SIP-disapproval challenges into the D.C. Circuit when EPA issues multiple state disapprovals and claims to use a consistent method?