Clean Wisconsin v. Environmental Protection Agency, No. 18-1203 (D.C. Cir. 2020)Annotate this Case
In these consolidated petitions, petitioners challenged area designations promulgated by the EPA for the National Ambient Air Quality Standards (NAAQS) applicable to ground-level ozone, i.e., smog.
The court found that at least one petitioner has standing to challenge each of the designations at issue. In this case, Government Petitioners have adequately demonstrated standing based on direct injuries rather than parens patriae status. On the merits, the court granted Jefferson County's petition and held that EPA has, without explanation, treated similarly situated areas—Jefferson and Boles—differently and drawn conflicting conclusions from the same data. Therefore, such inconsistent treatment is the hallmark of arbitrary agency action and requires further explanation from the EPA. The court also granted petitions for review for Monroe County, Ottawa County, Weld County, Door County, and Sheboygan County. The court denied Lake County's petition for review and granted EPA's motion to remand.