Utah v. Environmental Protection Agency, No. 23-9509 (10th Cir. 2024)
Annotate this CaseThe United States Court of Appeals for the Tenth Circuit has decided to transfer petitions for review to the D.C. Circuit. The petitions challenge a final rule by the U.S. Environmental Protection Agency (EPA). In the contested rule, the EPA disapproved state implementation plans (SIPs) for 21 states, including Oklahoma and Utah, considering that these states failed to sufficiently address their contributions to air-quality problems in downwind states. The EPA argued that the petitions should be reviewed in the D.C. Circuit because the disputed rule is nationally applicable. The Tenth Circuit agreed, stating that the jurisdiction for review depends on the nature of the EPA's final action, not the specifics of the petitioner’s grievance. The Tenth Circuit ruled that, on its face, the final EPA action being challenged is nationally applicable, hence, any challenge to that rule belongs in the D.C. Circuit. Therefore, the court granted the EPA's motion to transfer the petitions.
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