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Oklahoma v. McCarthy

ELR Citation: 45 ELR 20132
Nos. 4:15-cv-00369, (N.D. Okla., 07/02/2015) (Eagan)

A district court ordered Oklahoma to file a brief by July 16 explaining why the court should have jurisdiction over the state's lawsuit challenging EPA's proposed "Clean Power Plan" to reduce carbon dioxide emissions on a nationwide basis. Numerous states, including Oklahoma, recently filed a case in the D.C. Circuit seeking to enjoin EPA from proceeding with the proposed plan, but that case was dismissed because the proposal is not a final agency action subject to judicial review. In addition, the CAA's judicial review provision vests exclusive jurisdiction over challenges to a national primary or secondary ambient air quality standard in the D.C. Circuit. Oklahoma's complaint acknowledges the recent D.C. Circuit decision as well as the judicial review provision of the CAA, yet it failed to clearly set forth how the district court would have authority to exercise jurisdiction over this case given these limitations. The court therefore ordered additional briefing on the matter.