Natural Res. Def. Council v. Jackson, No. 09-1405 (7th Cir. 2011)
Annotate this CaseThe Clean Air Act prohibits national and state officials from making changes that cause air quality to deteriorate in parts of the country that have yet to attain the required standard, 42 U.S.C. 7410(l), 7515. In 2002 the EPA changed the rules that determine when polluters need permits to modify existing facilities and what restrictions they carry. The EPA’s models project that the new approach will have neutral or beneficial effects on aggregate emissions; environmental groups disagree and challenged the EPA's approval of Wisconsin's plan that implements the 2002 changes. The Seventh Circuit dismissed the petition. Noting that the same arguments have been made in the past, the court stated that, as in 2002 and 2005, the models supply substantial evidence for the EPA’s decision and show that it is neither arbitrary nor capricious. Opponents have no better evidence.
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