A June 26, 2026 filing in the Ninth Circuit puts a threshold issue front and center: whether this case should remain in the court of appeals at all. Respondent Pipeline and Hazardous Materials Safety Administration (PHMSA) has filed a motion to dismiss in No. 25-8059, asking the court to terminate the proceeding before the merits are reached.

Although the docket entry provides only the motion’s caption-level detail, the filing itself is notable because motions to dismiss at the appellate level often turn on core gatekeeping doctrines that can decide a case without any substantive ruling on the challenged agency action.