Southern Illinois Power Cooperative v. Environmental Protection Agency

Federal 7th Circuit Court
Civil Court
Environmental Law
Case Number: 
Nos. 16-3398 & 17-1442
Decision Date: 
July 12, 2017
Federal District: 
Motion to Transfer Appeal to U.S. Ct. of Appeals for D.C. Circuit
Motion granted

Ct. of Appeals granted respondent-agency’s motion to transfer instant appeal under Clean Air Act of respondent’s designation of Williamson County as “area of nonattainment” on list of air quality designations for sulfur dioxide. Rule in question makes attainment designations for 61 geographic areas spanning 21 states, and 42 USC section 7607(b)(1) designates D.C. Circuit as exclusive venue for review of instant nationally applicable agency action. Ct. rejected petitioner’s argument that instant EPA designation was not national in scope or effect. Instant holding essentially overruled Madison Gas & Electric Co., 4 F.3d 529.