U.S. Supremes to Consider Moving EPA Cases Away from D.C. Circuit
“We certainly hope the Supreme Court finds that not all cases must be tried at the D.C. Circuit, a court that has proven to be reliably anti-fossil fuel.”
U.S. Supremes to Consider Moving EPA Cases Away from D.C. Circuit
INDUSTRYWIDE ISSUES | LITIGATION | REGULATIO
October 22, 2024
Under the Clean Air Act, legal challenges to “nationally applicable” EPA rules must be tried in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit). Unfortunately, that court is loaded with Constitution-ignoring liberals. The U.S. Supreme Court has just agreed to hear arguments in a set of cases that seek to move legal battles over certain EPA rules that aren’t “nationally applicable” from the D.C. Circuit to other appeals courts around the country. Is this the beginning of real justice, at least for some issues related to the out-of-control EPA?
We certainly hope the Supreme Court finds that not all cases must be tried at the D.C. Circuit, a court that has proven to be reliably anti-fossil fuel.
The Supreme Court has agreed to hear arguments in a set of cases that seek to move legal battles over certain EPA rules from a federal appeals court in the nation’s capital to regional circuits.
In a short order issued Monday, the justices granted petitions stemming from challenges to EPA’s rejection of state air pollution plans and the agency’s denial of biofuel blending waivers.
Under the Clean Air Act, legal challenges to “nationally applicable” EPA rules land in the U.S. Court of Appeals for the District of Columbia Circuit — a bench that is sometimes far removed from the on-the-ground impact of the agency’s regulations and which is dominated by liberal judges.
But for EPA rules without nationwide reach, companies and Republican-led states often prefer to file in other federal appeals courts that may be more favorable to their arguments.
That was the path EPA’s opponents chose in challenging the agency’s rejection of state implementation plans for the federal “good neighbor” smog pollution rule in the Colorado-based 10th U.S. Circuit Court of Appeals and its denial of small refinery exemptions to the Renewable Fuel Program in the 5th U.S. Circuit Court of Appeals in Louisiana.
But the 10th Circuit found that the air cases involved actions that were nationwide in scope — and therefore belonged before the D.C. Circuit. The 5th Circuit, meanwhile, denied EPA’s motion to move the biofuels case to the federal appeals court in Washington.
Justice Samuel Alito did not participate in consideration of the petitions related to the good neighbor rule.*
*E&E News – Greenwire/Pamela King (Oct 21, 2024) – Supreme Court opens debate on venue for EPA rule challenges
Which is limiting there country future. As it short term thinking. In a world that technology is in the hands of both the young & those that allow $$ to benefit a few but no longer getting support from the young and they so educated they have figured out they no longer need the horse & buggy, but just use it to help create a more sustainable future. Based no longer on $$ or influence, but sustainablity. By protecting Freedom of choice, but being accountable no matter how rich or powerful you think you are. Cannot remain if we are going to travel the Star. We are going to require a Star Trek(1968) federation vision. We know we are not alone on this planet, & we we have to be mature enough to understand not to repeat or history on exploration.