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Michigan v. EPA

ELR Citation: 39 ELR 20204
Nos. No. 08-2582, (7th Cir., 09/09/2009)

The Seventh Circuit dismissed Michigan's petition for review of an EPA rule redesignating certain Native American lands to Class I status under the CAA's prevention of significant deterioration (PSD) program. Michigan's challenge raises some important issues about the PSD program's regulatory structure, but the state failed to allege a cognizable injury-in-fact and, thus, lacks standing. Michigan argued that EPA should have required the tribe to promulgate a tribal implementation plan, but the state may not establish standing by simply identifying a procedural defect in the redesignation process. As for its objection to EPA's imposition of Class I requirements on Michigan sources, the state should pursue its dispute with Congress, not the courts, since EPA imposed the same restrictions that apply to emissions that will reach any Class I area. Nor is there any evidence indicating that the new restrictions affect Michigan directly; rather, they affect emitting sources within Michigan that want to construct new facilities or modify existing ones. And Michigan's argument that the redesignation creates numerous complications and unworkable conflicts in its air pollution programs is outside the scope of the court's review.