Scope: Federal
Branch: Judicial
Severity: Green
Date occurred: September 18, 2026
The U.S. Court of Appeals for the First Circuit issued a 23-page decision in Berkey International, LLC v. U.S. Environmental Protection Agency, et al., docketed as No. 24-1917. The appellee parties include the EPA and agency officials named in their official capacities.
Constitutional basis: Article III appellate court exercising ordinary judicial review of federal agency action, a long-settled check on executive branch agencies.