Can Industries Choose Courts to Fight EPA Rules?

Next year, the Supreme Court will tackle a big question: can polluting industries pick and choose where to fight federal environmental rules? This is a long-standing issue, where groups try to file cases in courts they think will be friendlier. States often do this too, especially in Texas, to challenge Biden policies. The Supreme Court has a conservative majority and has blocked some EPA rules before. The Clean Air Act usually says where challenges can be filed, often in the powerful DC Circuit court. This is to keep things consistent nationwide. But now, the Supreme Court is looking at cases where industries are trying to fight EPA rules in other courts.

Two cases involve small oil refineries that wanted exemptions from blending ethanol with gasoline. They argued their case in the Louisiana-based 5th Circuit and won. The Biden administration is appealing this decision. Another case is about ozone regulations that aim to stop pollution crossing state lines. Oklahoma, Utah, and some electric companies tried to fight these rules in a Denver court, but the 10th Circuit sent it to the DC Circuit instead. Environmental groups worry that if the Supreme Court sides with industries, it could weaken the EPA's rules. The DC Circuit is often where these cases go, and it's where many current justices, including the Chief Justice, have served before.

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