The question
Whether EPA's denials of small refinery exemption petitions under the Clean Air Act must be challenged in the D.C. Circuit or in the regional Circuits.
EPA v. Calumet Shreveport Refining, L.L.C.
What the Court decided
The Court held that challenges to EPA's denials of small refinery exemption petitions belong in the D.C. Circuit. It reasoned that each denial is a locally or regionally applicable action because it applies only to one refinery in one place, but the denials fall within the statutory exception for actions based on a determination of nationwide scope or effect, which channels venue to the D.C. Circuit. The Court rejected EPA's argument that it could set venue by aggregating petitions into omnibus notices, finding that position had no statutory limiting principle.
How the justices split
7-2The Court's opinion
Thomas, joined by Alito, Sotomayor, Kagan, Kavanaugh, Barrett, Jackson
Section 7607(b)(1) sets a two-step inquiry. Courts identify the relevant action from the authorizing CAA provision, and each denial of a refinery's exemption petition is its own action. Such a denial applies only to one refinery in one place, so it is locally or regionally applicable. EPA cannot set venue by aggregating petitions into omnibus notices because that reading has no statutory limiting principle. The denials nonetheless fall within the nationwide scope or effect exception, placing venue in the D.C. Circuit.
Dissenting
Gorsuch, joined by Roberts
Gorsuch, joined by Roberts, dissented from the Court's venue holding. The syllabus does not state the dissent's reasoning.
How we know · 5 sourced claims
The Court held that EPA's denials of small refinery exemption petitions are locally or regionally applicable actions that fall within the nationwide scope or effect exception, requiring venue in the D.C. Circuit.
Source: syllabus, Held
Section 7607(b)(1) creates a two-step inquiry: first whether an action is nationally applicable or only locally or regionally applicable, and then whether the nationwide scope or effect exception applies.
Source: syllabus, Held
Each EPA denial of a refinery's exemption petition constitutes its own action for venue purposes, identified from the authorizing CAA provision rather than how EPA packages its decisions.
Source: syllabus, Held
EPA's argument that it could control venue by aggregating similar petitions into omnibus notices lacks any statutory limiting principle.
Source: syllabus, Held
Thomas delivered the opinion of the Court, joined by Alito, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson; Gorsuch filed a dissent joined by Roberts.
Source: syllabus, lineup