High Court’s Clean Air Act Venue Test Sows Confusion, Dissenters Say

The Supreme Court’s new approach to determine when EPA actions are “nationwide” in scope, and therefore must be challenged in national rather than regional appellate courts, is “ambiguous” and “promises protracted and expensive venue litigation” instead of greater clarity on the correct court forum, dissenting justices say. In its June 18 majority opinion in EPA v. Calumet Shreveport Refining, et al. , the high court in a 7-2 vote determined that EPA’s decisions to deny dozens of renewable fuel standard...