Supreme Court Set to Rule on Environmental Regulations Amid Forum Shopping Dispute
ICARO Media Group
**Supreme Court to Review Three Cases on Environmental Regulations Amid Forum Shopping Controversy**
The Supreme Court has agreed to hear three significant cases centered around federal environmental regulations, continuing the ongoing struggle over how courts are selected to address such disputes. This decision could have profound implications for how states and other entities challenge Environmental Protection Agency (EPA) policies. The court's conservative majority has often ruled against the EPA, including a notable decision earlier this year halting a major initiative aimed at reducing smog and air pollution.
A longstanding practice known as "forum shopping" involves filing cases in courts believed to be more favorable to one's cause. This has been particularly prevalent in Texas, where conservative suits against Biden administration policies are often filed due to the appeal opportunities in the conservative US Court of Appeals for the 5th Circuit. This circuit, based in Louisiana, has seen several critical decisions, such as the Supreme Court’s reversal of significant rulings related to access to the abortion drug mifepristone and a federal law barring domestic abusers from possessing firearms.
Federal law generally prescribes that challenges under the Clean Air Act should be filed in the US Court of Appeals for the District of Columbia Circuit to ensure national consistency. The Supreme Court's willingness to hear these environmental cases shines a spotlight on the political dynamics within the nation's appeals courts. The DC Circuit is particularly influential due to its jurisdiction over many high-profile federal cases, with four current Supreme Court Justices—including Chief Justice John Roberts—having served on it.
Environmental advocacy groups have raised alarms that rulings in favor of industry groups could severely undermine EPA regulations. Ian Fein, a senior attorney with the Natural Resources Defense Council, emphasized Congress’s intent for Clean Air Act cases of national significance to be heard by the DC Circuit, critiquing the industry’s preference to "challenge them in the court of their choosing."
One case under review involves the EPA's denial of waivers to over 100 small oil refineries from blending ethanol with gasoline, a decision that was challenged in the 5th Circuit. This court sided with the refineries, prompting the Biden administration to appeal to the Supreme Court. The administration argued that allowing disparate challenges across multiple courts would lead to inconsistent rulings and obstacles in enforcing environmental laws.
Two additional cases the Supreme Court will hear focus on Biden administration ozone regulations aimed at preventing pollution from crossing state boundaries. Oklahoma, Utah, and several electric companies sought to challenge these regulations in the Denver-based 10th Circuit, which eventually directed the case to the DC Circuit in alignment with the EPA's position that such rules are "nationally applicable.”
The Supreme Court is expected to hear arguments early next year. The outcomes could significantly influence the framework within which federal environmental regulations are contested, potentially reshaping the legal landscape for years to come.