On June 18, 2025, the Supreme Court released its decisions for two circuit splits arising under the Clean Air Act (CAA) provision regarding judicial venue: EPA v. Calumet Shreveport Refining, L.L.C. (23-1229), and Oklahoma v. EPA (23-1067). Decided 7-2 and 8-0, respectively, the outcome of these cases hinged on the Court’s interpretation of the CAA’s unique venue provision, 42 U.S.C. § 7607(b)(1).
The CAA states that challenges to “nationally applicable” actions may be filed only in the D.C. Circuit. 42 U.S.C. § 7607(b)(1). Conversely, challenges to CAA actions that are “locally or regionally applicable” may generally be filed only in the appropriate circuit court for the region. Id. But there is an exception: actions that are “based on a determination of nationwide scope or effect” must be filed in the D.C. Circuit “if in taking such action the Administrator finds and publishes that such action is based on such a determination.” Id.
In Calumet, the Court ruled 7-2 that the “EPA’s denials of small refinery exemption petitions are locally or regionally applicable actions that fall within the “nationwide scope or effect” exception, requiring venue in the D.C. Circuit.” Similarly, in Oklahoma, the Court ruled 8-0 that “EPA’s disapprovals of the Oklahoma and Utah state implementation plans are locally or regionally applicable actions reviewable in a regional court of appeals.” Tune in as Jimmy Conde and Garrett Kral offer a breakdown of these decisions.
Featuring:

James Conde, Partner, Boyden Gray PLLC
Moderator: Garrett Kral, Administrative and Environmental Law Attorney

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