The state of Michigan lacks standing to challenge Clean Air Act regulations benefiting the Forest County Potawatomi Community, the 7th Circuit Court of Appeals ruled on Wednesday.
The state objected when the Environmental Protection Agency issued a rule that redesignated some parts of the tribe's reservation as "Class I" under the Clean Air Act. That meant it would be harder for entities on and off the reservation to obtain air quality permits.
The 7th Circuit said the state raised "some important issues" about the classification of the tribe's lands. But the court said the state was unable to demonstrate an "injury in fact" from the rule.
The tribe is based in Wisconsin and was able to reach an agreement with the state regarding the rule.
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Seventh Circuit Holds that Michigan Lacks Standing to Challenge Wisconsin Tribal Environmental Regs
(Turtle Talk 9/10)
7th Circuit Decision:
Michigan v. EPA (September 9, 2009)
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