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

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.

Mentioned in This Press Release

People:

Recent Press Releases by Brad Schimel

AG Schimel Announces New Human Trafficking Bureau

Attorney General Brad Schimel announced the establishment of the Wisconsin Department of Justice (DOJ) Human Trafficking Bureau.

AG Schimel Welcomes AG Sessions to Wisconsin, Supports Federal Efforts on Drug Abuse Prevention

Attorney General Sessions discussed the need to strengthen the nation’s southern border and create a culture that does not encourage drug use of any kind.

More Than 1,000 Suspected Sexual Predators Arrested During Operation Broken Heart

"There is no higher charge I have as Attorney General than to lock up sexual predators and to empower our local law enforcement to do the same."

Leave a Reply

You must be an Urban Milwaukee member to leave a comment. Membership, which includes a host of perks, including an ad-free website, tickets to marquee events like Summerfest, the Wisconsin State Fair and the Florentine Opera, a better photo browser and access to members-only, behind-the-scenes tours, starts at $9/month. Learn more.

Join now and cancel anytime.

If you are an existing member, sign-in to leave a comment.

Have questions? Need to report an error? Contact Us