Supreme Court to mull jurisdiction for Clean Air Act disputes

By Marc Heller | 03/24/2025 01:23 PM EDT

At issue is whether biofuel blending and state ozone plan cases should be heard in regional courts potentially more favorable to EPA critics.

The U.S. Supreme Court is seen.

The U.S. Supreme Court is seen in Washington on Sept. 30, 2024. Francis Chung/POLITICO

The Supreme Court will hear arguments Tuesday in disputes about which federal courts should handle Clean Air Act lawsuits.

Two areas of disagreement — the implementation of federal ozone regulations in the states and the biofuel-blending waivers EPA grants small refineries for economic hardship — are at issue.

In two consolidated ozone-related cases, PacifiCorp v. EPA and Oklahoma v. EPA, justices will consider the environmental agency’s denial of 21 state implementation plans to reduce ozone pollution crossing state lines.

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The biofuel case, EPA v. Calumet Shreveport Refining, concerns the agency’s 2022 denial of small refinery exemptions under the federal renewable fuel standard.

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