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Michigan v. EPA

United States Court of Appeals for the District of Columbia Circuit
213 F.3d 663 (2000)


Facts

The State of Michigan, 21 other states and the District of Columbia, industry groups, and others (plaintiffs) filed petitions in federal court seeking review of an Environmental Protection Agency (EPA) (defendant) call requiring the states to revise their state implementation plans (SIPs) to significantly reduce nitrogen oxide emissions (ozone) traversing interstate lines. Section 110(a)(2)(D)(i)(I) of the CAA required SIPs contain “adequate provisions” to prohibit any source within the state from “emitting any air pollutant in amounts which will…contribute significantly to nonattainment in, or interfere with maintenance by, any other State….,” from achieving national ambient air quality standards (NAAQS). Plaintiffs challenged EPA’s determination of “contribute significantly” under the statute and claimed the EPA call intruded upon the rights of the states to fashion their own state implementation plans (SIPs).

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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