A federal appeals court in Virginia will not yet consider whether EPA improperly rejected state plans to implement federal rules governing cross-border, smog-forming pollution.
In an order issued Monday, the 4th U.S. Circuit Court of Appeals announced it would postpone oral arguments that had originally been scheduled for later this month until the Supreme Court rules on whether the case belongs before federal judges in Washington.
“Since the answer to that question will determine the proper venue of this appeal, which remains an issue, we remove this appeal from the oral argument calendar for October 30, 2024, and postpone argument until the Supreme Court decides the venue question,” the 4th Circuit’s order said.
The move by the 4th Circuit follows the Supreme Court’s decision Monday to take up a set of cases that asks whether EPA rules that are not national in scope can be litigated in regional circuit courts. The justices are expected to reach a decision on the matter by early summer.
