A US Supreme Court fight over two major clean air regulations has the potential to limit the EPA’s ability to defend rules with state plan components at the D.C. Circuit, according to attorneys.
The justices on Monday agreed to hear venue battles in petitions against the Environmental Protection Agency’s traveling ozone and renewable fuel standards, taking up questions about which court is best to handle disputes over national rules that rely on individual state plans.
The question hinges on whether rules that are implemented on a state-by-state basis are “nationally applicable,” meaning they should be heard by the US ...
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