Brad Schimel
Press Release

EPA Rule Unfairly Harms Wisconsin, AG Schimel Leads Multi – State Legal Action

Wisconsin is currently challenging the EPA over the 2015 NAAQS in a separate case filed earlier this year, Murray Energy v. EPA.

By - Nov 23rd, 2016 12:00 pm

MADISON, Wis. – Earlier this year, the outgoing Environmental Protection Agency (EPA) Administrator Gina McCarthy signed the final Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS (CSPAR II). In Wisconsin v. EPA, Wisconsin is leading the challenge to this rule in the United States Court of Appeals for the District of Columbia Circuit on the ground that as an “upwind” state, Wisconsin power plant sources contribute very little nitrous oxide to “downwind” states and also on the ground that the EPA has admitted the rule, as written, would fail to ensure Wisconsin is in compliance with the 2008 Ozone NAAQS in any event.

“In Wisconsin, we value our natural resources and take appropriate steps to ensure our citizens can enjoy clean air and water,” said Attorney General Schimel. “However, emissions from other states are causing Wisconsin to fall out of compliance with EPA regulations. As a result, we must take appropriate legal actions to defend Wisconsin from potential penalties and costly mandates.

The rule requires affected power plants in Wisconsin and 21 other states to reduce nitrogen oxide (NOx) emissions to a specified level by early 2017. The rule is intended to reduce the transport of NOx to “downwind” states, causing areas of those states to be in violation of the earlier promulgated version of the 2008 Ozone NAAQS. Wisconsin is unique in that it is both an upwind and a downwind state under the new rule.

Joining Wisconsin in the challenge are the States of Alabama, Arkansas, Ohio, and Wyoming.

Wisconsin is currently challenging the EPA over the 2015 NAAQS in a separate case filed earlier this year, Murray Energy v. EPA.

Petition for Review PDF

Press Releases by Brad Schimel

Brad Schimel

Methamphetamine Abuse in Wisconsin Expands 250 Percent

Wisconsin DOJ, FBI, DEA, and Marshfield Clinic Brief Legislators

Brad Schimel

AG Schimel Renews Rebate Agreement with Manufacturer of Lifesaving Opiate Antidote

Amphastar Pharmaceuticals has agreed to continue providing a $6 rebate for each Amphastar naloxone syringe purchased by public entities in Wisconsin from now until February 1, 2018.

Brad Schimel

AG Schimel and WCASA Launch Victim-Centered Awareness Campaign, Offer Support to Survivors of Sexual Assault

The campaign is designed to reach out to all sexual assault survivors who had a sexual assault kit collected as the result of a sexual assault nurse exam.

Brad Schimel

AG Schimel Announces Charges in Megabucks Lottery Fraud

The complaint alleges that the two defendants conspired to win the December 29, 2007, Wisconsin Megabucks lottery game.

Brad Schimel

AG Schimel Announces Executive Leadership Changes

AG Schimel appointed Paul Connell as Deputy Attorney General and Delanie Breuer as his Chief of Staff.

Brad Schimel

Federal Judge Sides with Wisconsin, Prevents Implementation of Overtime Rule

In September, Wisconsin Attorney General Brad Schimel joined a bipartisan coalition of 21 states in asking the Court to prevent implementation of the Rule.

See More Releases

Leave a Reply

Your email address will not be published. Required fields are marked *