Anna Eshoo: “Thank you, Mr. Chairman. This bill, H.R. 2021, contains a rather extraordinary provision. It says that any appeal of an…”

“Thank you, Mr. Chairman. This bill, H.R. 2021, contains a rather extraordinary provision. It says that any appeal of an exploration permit decision can only be heard by the D.C. Circuit Court of Appeals. This is a fundamental change to longstanding law and precedent governing the venue for judicial review of challenges to EPA action. Over 40 years ago when Congress adopted the Clean Air Act in 1970 and established venue for judicial review, Congress made a very sensible distinction. That distinction was that local and regional EPA actions would be reviewed in the U.S. Court of Appeals for the appropriate circuit. Nationally applicable actions would be reviewed in the D.C. Circuit Court of Appeals. This distinction has worked well for the past 40 years. If a major new industrial source will have significant local air pollution impacts, nearby communities will want to weigh in. Local businesses will want to ensure that a new source doesn't force more stringent cleanup requirements for existing sources. State and local authorities will have views. And the industrial source itself may disagree with EPA's decision. All of these stakeholders may want to appeal EPA's decision. Under the Clean Air Act, they can do so in the nearest court of appeals, without traveling to Washington, D.C. And for permits issued by States or localities, the decision is reviewed by State courts. But this bill creates a new regime for exploration permits.…”