United States Seventh Circuit

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.

Appellate Information

• Argued 03/30/2009
• Decided 09/09/2009
• Published 09/09/2009

Judges

• WOOD, Circuit Judge., Before KANNE, WOOD and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas L. Casey, Office of the Attorney General, John F. Leone (argued), Office of the Attorney General of the State of Michigan, Environmental, Natural Resources and Agriculture Div., Lansing, MI, for Petitioner.


• For Appellees:
  
• Mary A. Gade, Attorney, Bharat Mathur, Attorney, Environmental Protection Agency, Region 5, Office of the Regional Counsel, Chicago, IL, Perry Rosen, Attorney, Department of Justice, Environmental Defense Section, Washington, DC, for Respondent., Douglas W. Wolf, Sonosky, Chambers, Sachse & Endreson, Washington, DC, for Intervenor-Respondent.