Appeals Court Rejects Challenge to Approval of NSR Reform Rule Into Wisconsin SIP

摘要

In the June 16, 2011 decision, the Seventh Circuit Court indicated that, if the 2002 NSR reform rules do ultimately allow more emissions once Wisconsin implements its SIP, the state will have to do something to further limit pollution at that time. EPA's approval of the Wisconsin SIP does not relieve the state of that statutory obligation. However, since no data had been added to the record showing that the SIP definitely would increase pollution, the Seventh Circuit Court denied the petitions for review of the approval of the Wisconsin SIP.