Forum
U.S. Supreme Court
Case Status
Docket Number
Term
2024 Term
Lower Court Opinion
Questions Presented
Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.
Case Updates
Applying the Clean Air Act’s venue provisions, U.S. Supreme Court holds that state and energy-industry parties’ challenges to EPA decisions disapproving State Implementation Plans belong in the Tenth Circuit, not the D.C. 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, applying 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
Jeremy C. Marwell of Vinson & Elkins LLP served as outside counsel.