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Indiana v. Environmental Protection Agency

ELR Citation: 45 ELR 20153
Nos. 14-3214, (7th Cir., 08/07/2015)

The Seventh Circuit upheld EPA's approval of revisions to Illinois' SIP, thereby rejecting challenges raised by Indiana. Indiana argued that the relaxation of Illinois' vehicle emissions testing program will decrease the likelihood that the Chicago area—which includes two Indiana counties—will achieve attainment for ozone in the near future. It pointed to a past violation under the revised, but not yet approved, Illinois testing program as proof that the SIP revision should have been disallowed by EPA. But the court disagreed. EPA complied with its concededly reasonable interpretation of CAA §110(l) in determining that Illinois' changed vehicle inspection and maintenance program would not interfere with NAAQS attainment. That the program existed for multiple years pre-approval and arguably led to the classification of the Chicago area as nonattainment in the past does not disturb the validity of EPA's determination that, going forward, the increased emissions from the program will be outweighed by other emissions reductions. The court therefore denied Indiana's petition for review.