90 F.4th 323
4th Cir.2024Background
- The EPA revised the National Ambient Air Quality Standards for ozone in 2015, requiring states to submit State Implementation Plans (SIPs) to comply with more stringent standards and the "good neighbor" provision.
- West Virginia submitted its SIP in February 2019, but the EPA disapproved it in February 2023, stating it did not adequately address emissions that affect air quality in downwind states.
- West Virginia challenged this disapproval, filing a petition for review in the Fourth Circuit, and requested a stay of the EPA's decision pending review.
- The EPA moved to transfer the case to the D.C. Circuit, arguing that its disapproval decision was nationally applicable or based on a determination of nationwide scope or effect, or to dismiss for improper venue.
- The Fourth Circuit denied the EPA’s motion to transfer or dismiss and granted West Virginia’s motion for a stay, finding that the EPA’s action was locally or regionally applicable, not nationally applicable.
- A dissent argued that the EPA's consolidated SIP disapprovals were nationally applicable on their face and that venue properly lay only in the D.C. Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue for review of EPA disapproval | EPA action is local/regional | Action is nationally applicable or has nationwide scope | Venue is proper in Fourth Circuit |
| Whether EPA’s final action was nationally applicable | Only WV-specific facts used | Consolidated action covers multiple states | Action is locally/regional per state circumstances |
| Granting stay of EPA’s action pending appeal | Irreparable harm to state | State’s harm speculative, delay harms air quality | Stay granted; balance favors WV |
| Public interest in stay vs. enforcing EPA action | Minimal harm from short stay | Stay risks ongoing air-quality issues | Stay is appropriate given temporary nature |
Key Cases Cited
- Nken v. Holder, 556 U.S. 418 (2009) (factors for granting a stay pending review)
- Sierra Club v. U.S. Army Corps of Engineers, 981 F.3d 251 (4th Cir. 2020) (preliminary injunction/stay standard)
- 1000 Friends of Md. v. Browner, 265 F.3d 216 (4th Cir. 2001) (explaining Clean Air Act venue provisions)
- Southern Illinois Power Cooperative v. EPA, 863 F.3d 666 (7th Cir. 2017) (national applicability determined by the face of EPA action)
- ATK Launch Sys., Inc. v. EPA, 651 F.3d 1194 (10th Cir. 2011) (national applicability based on the face of the action)