The Seventh Circuit Court of Appeals has rejected a challenge by two environmental groups to EPA’s approval of revisions to Wisconsin’s Clean Air Act new source review (NSR) program. NRDC v. Jackson, No. 09-1405 (7th Cir. 6/16/11). Petitioners claimed that EPA approved weaker state emissions controls than those previously in force and that the weaker rules would negatively affect the group’s members because more air pollution would be emitted into the air breathed by their members than allowed by law.
Faulting petitioners for failing to provide quantitative evidence that emissions would increase or that EPA’s models were flawed, the court also said that petitioners had repeated arguments that failed to persuade another appellate court in another case. New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). Still, the court issued a warning to the state, while upholding the rule, that if implementation of the revisions “turns out to allow more emissions,” “the state must do something else (or something more) to curtail pollution.”