The Supreme Court will hear an appeal about which court has authority over the case of oil refineries seeking an exemption from a renewable fuel mandate.
The justices granted the petition in U.S. Environmental Protection Agency (EPA) v. Calumet Shreveport Refining without comment on Oct. 21. No justices dissented.
The petition was granted on the same day the nation’s highest court agreed to hear the case of State of Oklahoma v. EPA, which is also about where an EPA-related appeal should be heard.
The federal Clean Air Act provides that challenges to “nationally applicable regulations,” along with actions that have “nationwide scope or effect,” must be filed in the U.S. Court of Appeals for the District of Columbia Circuit. At the same time, the law says challenges to an EPA action that are “locally or regionally applicable” may only be filed in a regional federal court of appeals….