Michigan’s petition for review of the EPA’s final ruling redesignating the Forest County Potawatomi Community lands to Class I status and issuing two companion announcements concluding dispute resolution proceedings with Wisconsin and Michigan is dismissed as Michigan failed to allege a cognizable injury in fact and thus lacks standing where: 1) Michigan may not establish standing by simply identifying a procedural defect in the redesignation process; 2) even if assuming that Michigan is the injured party, there is no evidence in the record indicating that the new restrictions affect Michigan directly; and 3) Michigan’s argument that the redesignation creates numerous complications and unworkable conflicts in its air pollution programs is outside the scope of the court’s review.
Read State of Michigan v. US Envtl. Prot. Agency, No. 08-2582
Appellate Information
Petition for Review of the Final Administrative Rulings of the United States Environmental Protection AgencyArgued March 30, 2009Decided September 9, 2009
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Before Kanne, Wood, and WIlliams, Circuit Judges
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