Southern Illinois Power Cooperative v. Environmental Protection Agency

The Environmental Protection Agency designated Williamson County, Illinois, as a nonattainment area for national air quality standards for sulfur dioxide. The rule is not limited to Williamson County; it makes attainment designations for 61 geographic areas spanning 24 states. Southern Illinois Power Cooperative sought judicial review. The EPA moved to dismiss or transfer the petition to the D.C. Circuit under the terms of the judicial-review provision of the Clean Air Act, which designates that circuit as the exclusive venue for review of “nationally applicable” agency actions. 42 U.S.C. 7607(b)(1). The Seventh Circuit agreed that the challenged rule is nationally applicable and transferred the petition to the D.C. Circuit. The court noted that its decision conflicts with its 1993 decision, Madison Gas & Electric Co. v. EPA, which it overruled. View "Southern Illinois Power Cooperative v. Environmental Protection Agency" on Justia Law