The Trump administration is asking the Supreme Court to relook a lower court ruling in a dispute over EPA’s latest “good neighbor” smog control plan.
In a newly filed petition, EPA attorneys are nominally seeking the high court’s review of a December ruling by the 6th U.S. Circuit Court of Appeals. The ruling also rebuffed the agency’s position on the proper venue for the litigation.
In the ruling, a three-judge panel struck down EPA’s earlier disapproval of a state good neighbor plan that was the prerequisite to Kentucky’s inclusion in the federal counterpart and found that their court was the proper venue for hearing the ensuing litigation brought by the state.
EPA had argued that the case belonged before the U.S. Court of Appeals for the District of Columbia Circuit on the grounds that it related to nationally applicable regulations.
