Oklahoma v. EPA held that EPA disapprovals of state implementation plans are locally or regionally applicable actions under the Clean Air Act. Challenges to those disapprovals therefore belong in regional courts of appeals rather than automatically in the D.C. Circuit. The case leaves the merits of EPA's disapprovals for the proper courts.
States must submit implementation plans showing how they will meet federal air-quality standards. EPA disapproved several state plans related to ozone pollution. Oklahoma and other parties challenged those disapprovals and disputed whether the D.C. Circuit or regional circuits had venue.
Under the Clean Air Act, are EPA disapprovals of state implementation plans nationally applicable actions, or locally or regionally applicable actions that may be challenged in regional courts?
EPA disapprovals of state implementation plans under the Clean Air Act are locally or regionally applicable actions, so challenges to them belong in regional circuits, not exclusively in the D.C. Circuit.
How the justices lined up in this decision.
The ruling lets states and regulated parties challenge some EPA air decisions in regional courts closer to the affected states. That can shape forum choice in environmental litigation and may produce different regional outcomes. The decision does not decide whether EPA properly rejected the states' pollution plans.
Justice Thomas wrote the Court's opinion, joined by Justices Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson. Justice Gorsuch concurred in the judgment, joined by Chief Justice Roberts. Justice Alito did not participate.