4th Circuit Declines To Transfer West Virginia’s Case Against Air Quality Decision

(January 24, 2024, 9:38 AM EST) -- RICHMOND, Va. — The District of Columbia Circuit U.S. Court of Appeals does not have exclusive jurisdiction over an Environmental Protection Agency final rule in which the agency disapproved of West Virginia’s plan for complying with new ozone standards because the rule is not nationally applicable and was not based on a determination of nationwide scope and effect, a majority of a Fourth Circuit U.S. Court of Appeals panel found in denying the agency’s motion to transfer West Virginia’s petition for judicial review of the rule....