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U.S. Supreme Court

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Docket Number

Term

2024 Term

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Questions Presented

Whether venue for the refineries' challenges lies exclusively in the D.C. Circuit because the agency's denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect." 42 U.S.C. 7607(b)(1).

Case Updates

Applying the Clean Air Act’s venue provisions, U.S. Supreme Court holds that refiners’ challenges to EPA actions denying exemptions from renewable-fuel mandates belong in the D.C. Circuit, not the Fifth Circuit

June 18, 2025

The U.S. Chamber filed an amicus brief in support of neither party in this litigation, urging the Court to adopt an interpretation of the venue provisions that adheres to the statutory text and minimizes wasteful threshold litigation.  The Court’s opinion aligns with key themes and arguments in the Chamber’s brief, adopting guardrails for which the Chamber advocated.

U.S. Chamber files merits-stage amicus brief in support of neither party, urging Supreme Court to adopt an interpretation of the Clean Air Act’s venue provisions that adheres to the statutory text and minimizes wasteful threshold litigation

December 20, 2024

U.S. Chamber Amicus Brief

Jeremy C. Marwell of Vinson & Elkins LLP served as outside counsel.

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