6th Circuit Refuses To Transfer Kentucky’s Challenge To EPA Air Quality Decision

(July 28, 2023, 1:22 PM EDT) -- CINCINNATI — The District of Columbia Circuit U.S. Court of Appeals does not have exclusive jurisdiction over Kentucky’s and a state agency’s petitions for judicial review of a U.S. Environmental Protection Agency decision to partly disapprove Kentucky’s state implementation plan (SIP) under the Clean Air Act (CAA) because the decision is only locally or regionally applicable, a majority of a Sixth Circuit U.S. Court of Appeals panel held in denying the EPA’s motions to transfer in both cases....