High Court Poised To Hear Arguments On Clean Air Act Venue Challenges

The Supreme Court is slated to hear oral arguments March 25 in three cases testing whether Clean Air Act lawsuits over interstate air plans and renewable fuel standard (RFS) waivers should be heard in national or regional venues, forcing EPA to defend the Biden-era position that many such decisions should be heard in the District of Columbia. The cases all concern the air law’s judicial venue provision, under which decisions that are “nationally applicable” or declared by EPA to be...