From the Chicago Tribune (via Traverse City):
TRAVERSE CITY, Mich. – A federal appeals court has ruled in favor of a Wisconsin-based Indian tribe in a 16-year dispute with the state of Michigan over air quality standards.
Michigan challenged the U.S. Environmental Protection Agency‘s decision in 2008 to grant the Forest County Potawatomi Community’s reservation the highest level of protection allowed under the federal Clean Air Act. EPA’s action followed fruitless negotiations between the tribe and the state dating from the early 1990s.
The 7th U.S. Circuit Court of Appeals dismissed the case Wednesday, saying the state lacked standing to contest the federal agency’s decision.
“This is a great victory,” said Philip Shopodock, chairman of the Potawatomi tribe. “Pure air and pure water are essential to our culture and our beliefs. We must protect our home for future generations.”
The Michigan Department of Environmental Quality, the agency involved in the dispute, had no immediate comment, spokesman Robert McCann said.
The Forest County Potawatomis are among five tribes that have received Class I air quality status from EPA. Some national parks and forests also have received the classification.
Factories, power plants and other air pollution generators have a harder time obtaining required Clean Air Act permits in Class I areas than in places with other designations.
The 1,200-member tribe applied for the higher status in 1993. Michigan and Wisconsin exercised their right to object and request mediation, fearing the designation would hamper economic development near the reservation. Forest County is in northeastern Wisconsin on the Michigan state line.
The tribe eventually settled with Wisconsin. But talks with Michigan broke down, so the tribe asked EPA to impose a decision.
Michigan asked the appeals court to intervene, contending EPA used a flawed procedure to designate the tribal lands as Class I.
Michigan also complained that the EPA standards for Michigan’s polluters are tougher than those applying to Wisconsin’s. True, the court said, but that’s because of arrangements Wisconsin and the tribe made in their settlement.
“Michigan had access to the very same dispute resolution opportunity, but it failed to come to an agreement” with the tribe, the court said. The standards EPA imposed are typical in areas with the top-level air quality status, it said.
Turtle Talk 