Michigan v. EPA – Turtle Talk

News Coverage of Michigan v. EPA Case in Seventh Circuit

September 20, 2009Matthew L.M. Fletcher

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.”

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Seventh Circuit Holds that Michigan Lacks Standing to Challenge Wisconsin Tribal Environmental Regs

September 10, 2009September 10, 2009Matthew L.M. Fletcher1 Comment

Here is the opinion in Michigan v. EPA (Michigan v. EPA Opinion). Judge Wood’s opinion begins:

The cultural and religious traditions

of the Forest County Potawatomi Community (“the

Community”) often require the use of pure natural re

The cultural and religious traditions of the Forest County Potawatomi Community (“the Community”) often require the use of pure natural resources derived from a clean environment. Many years ago, the Community became alarmed by increasing pollution levels in its lakes, wetlands, and forests. To remedy this problem, it submitted a request to the Environmental Protection Agency (“EPA”) to redesignate certain tribal lands from Class II to Class I status under the Prevention of Significant Deterioration (“PSD”) program of the Clean Air Act (“the Act”). This would have the effect of imposing stricter air quality controls on emitting sources in and around the Community’s redesignated lands.

After nearly fifteen years of administrative proceedings and dispute resolution efforts between the Community and neighboring Wisconsin (which were successful) and Michigan (which were not), the EPA promulgated a final ruling redesignating the Community’s lands to Class I status. It also issued two companion announcements concluding dispute resolution proceedings with Wisconsin and Michigan. Michigan seeks review of these three final administrative rulings. It asserts that the EPA pursued the redesignation in an improper manner and, as a result, needlessly complicated Michigan’s air quality control programs. Because Michigan lacks standing to pursue these claims, we dismiss its petition for review.

Briefs are here.