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ARTICLE · 25 JUNE 2025

Supreme Court Clarifies Venue Requirements For Clean Air Act Actions

Beveridge & Diamond, P.C.
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In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental Protection Agency (EPA) actions under the CAA the D.C. Circuit or a regional Circuit Court?

United StatesLitigation, Mediation & Arbitration
Eric L. Christensen
Eric L. Christensen
Timothy Pohle
Timothy Pohle
R. Justin Smith
R. Justin Smith
Astrika Adams
Astrika Adams

In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental Protection Agency (EPA) actions under the CAA the D.C. Circuit or a regional Circuit Court? Together, these cases provide important guidance for determining where to file actions challenging EPA decisions under the CAA.

In Environmental Protection Agency v. Calumet Shreveport Refining, LLC (Calumet), the Court held that the D.C. Circuit was the proper venue to hear challenges to EPA denials of Renewable Fuel Standard (RFS) program small refinery exemption (SRE) petitions. By contrast, in Oklahoma. v. Environmental Protection Agency (Oklahoma), the Court ruled challenges to EPA's disapproval of State Implementation Plans (SIPs) belonged in the applicable regional Circuit Court (in Oklahoma's case, the Tenth Circuit).

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