EPA Clashes With States, Industry Over Clean Air Act Venue Provisions

EPA and opposing states and industry groups are presenting the Supreme Court with starkly different arguments on when certain agency actions may collectively be considered “nationally applicable” such that they may be challenged only in the D.C. Circuit in a major test of Clean Air Act (CAA) venue provisions. In recent briefs, EPA and allied biofuels groups outline their argument that dozens of EPA denials of refiners’ requests for waivers from renewable fuel standard (RFS) compliance obligations, issued in two...