The Supreme Court appears poised to keep at least some Clean Air Act disputes in federal courts outside of D.C. — preventing what at least one justice described as “home court advantage” for the Environmental Protection Agency (EPA).
The justices heard a pair of cases on Tuesday about whether certain Clean Air Act disputes should be heard in federal court in D.C. or in federal court in various regions around the nation.
Certain regional courts may have a more conservative or liberal ideological bent, depending on which president appointed its justices.
The Clean Air Act states that “nationally applicable” determinations made under it should be heard at the D.C. Circuit while “locally or regionally applicable” decisions should be reviewed in the circuit court that has jurisdiction over that region.
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