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Thursday, June 16, 2011

Ind. Decisions - 7th Circuit rules on federal air pollution issue

The 8-page opinion by Chief Judge Easterbrook is NRDC v. US EPA. A quote:

Wisconsin’s latest implementation plan includes features from the 2002 federal regulations. The EPA approved Wisconsin’s plan. 72 Fed. Reg. 19,829 (Apr. 20, 2007); 73 Fed. Reg. 76,560 (Dec. 17, 2008); 75 Fed. Reg. 10,415 (Mar. 8, 2010) (denying petition for reconsideration). The NRDC and the Sierra Club have filed petitions for review, which repeat arguments that failed to persuade the D.C. Circuit in New York. This proceeding is the first challenge to a specific state plan that implements the 2002 changes; one other is pending in the Sixth Circuit, and perhaps more are in the works.

Posted by Marcia Oddi on June 16, 2011 12:57 PM
Posted to Ind. (7th Cir.) Decisions