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Clean Wisconsin v. Environmental Protection Agency

ELR Citation: 50 ELR 20170
Nos. 18-1203, (D.C. Cir., 07/10/2020)

The D.C. Circuit granted in part and denied in part petitions to review EPA's attainment designations for its 2015 ozone NAAQS. Environmental groups, municipal governments, and the state of Illinois argued that the Agency failed to follow its own scientific and technical record when it decided that counties throughout the country had met the 2015 standard. The court found that EPA's attainment designation for a county in Indiana was not unreasonable, but that its attainment designations of counties in Colorado, Illinois, Michigan, Missouri, and Wisconsin constituted arbitrary agency action because it failed to provide explanations for treating similarly situated areas differently, failing to consider other nearby areas' contribution potential, and concluding that local topography and meteorology prevented an area from contributing to another area's exceedances. The court denied the petition to review the attainment designation for the county in Indiana, but granted the petitions as to all the other designations, and remanded to EPA for further explanation.