Dalton Trucking, Inc. v. United States Environmental Protection Agency, 420 U.S. App. D.C. 336

California adopted "Nonroad Fleet Requirements" regulating in-use nonroad diesel engines operating in California and asked EPA for a Clean Air Act §209(e) preemption waiver in March 2012. EPA granted the waiver in its Nonroad Waiver Decision (78 Fed. Reg. 58,090 (Sept. 20, 2013)).
Petitioners (Dalton Trucking and ARTBA) challenged EPA’s waiver decision as arbitrary and capricious and not in accordance with §209(e), filing petitions in both the D.C. Circuit and the Ninth Circuit (Dalton filed in both; ARTBA intervened in the Ninth).
Venue for CAA §307(b)(1) challenges is statutory: nationally applicable EPA actions are reviewable only in the D.C. Circuit; locally/regional actions are reviewable in the appropriate regional circuit unless EPA finds and publishes that the action is based on a determination of nationwide scope or effect.
EPA moved to dismiss or transfer the Ninth Circuit case to the D.C. Circuit; the Ninth held that motion in abeyance pending this court’s venue decision.
The D.C. Circuit evaluated whether EPA’s waiver decision was (a) "nationally applicable" on its face or (b) a locally/regional action based on a published EPA finding of "nationwide scope or effect." The court concluded neither condition was met.
Because the waiver decision was not nationally applicable and EPA did not publish a finding of nationwide scope or effect, the D.C. Circuit held venue here was improper and dismissed the petitions for review.

Issue	Petitioners' Argument	EPA's Argument	Held
Proper venue under CAA §307(b)(1)	Petitioners: D.C. Circuit is not proper; challenges belong in Ninth Circuit	EPA: Decision is reviewable in D.C. because it is nationally applicable or EPA published a nationwide-scope finding	Held: Venue in D.C. Circuit is improper; petitions dismissed (not transferred)
Whether the Nonroad Waiver Decision is "nationally applicable"	Petitioners: Decision applies only in California on its face, so not nationally applicable	EPA: Other states may adopt California standards, and many fleets operate outside California, so decision has national applicability	Held: Not nationally applicable — decision regulates only engines "owned or operated in California" and record shows no adoption by other states
Whether EPA made/published a finding that the action has "nationwide scope or effect"	Petitioners: EPA did not make the specific statutory finding required for D.C. venue	EPA: Its characterization of the action as of "national applicability" suffices as a nationwide-scope finding	Held: EPA did not make or publish the required finding of "nationwide scope or effect," and a finding of "national applicability" is not a statutory substitute

Harrison v. PPG Indus., 446 U.S. 578 (U.S. 1980) (§307(b)(1) confers jurisdiction on courts of appeals and functions as a venue provision)
Tex. Mun. Power Agency v. EPA, 89 F.3d 858 (D.C. Cir. 1996) (party may consent to venue; §307(b)(1) treated as a venue provision)
Am. Trucking Ass’ns v. EPA, 600 F.3d 624 (D.C. Cir. 2010) (discussion of §209 waivers and related venue considerations)
Nat. Res. Def. Council v. EPA, 643 F.3d 311 (D.C. Cir. 2011) (addressing EPA actions though not dispositive on venue here)
Nat. Res. Def. Council, Inc. v. EPA, 638 F.3d 1183 (9th Cir. 2011) (example of regional-circuit review of EPA action)
New York v. EPA, 133 F.3d 987 (7th Cir. 1998) (regional-circuit review of EPA action)
Motor & Equip. Mfrs. Ass’n v. Nichols, 142 F.3d 449 (D.C. Cir. 1998) (EPA rulemaking context cited by respondents)
Motor & Equip. Mfrs. Ass’n v. EPA, 627 F.2d 1095 (D.C. Cir. 1979) (rulemaking and EPA review context)
Am. Rd. & Transp. Builders Ass’n v. EPA, 705 F.3d 453 (D.C. Cir. 2013) (dismissing a challenge for improper D.C. venue under §307(b)(1))