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State of Michigan v. United States Environmental Protection Agency

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ARGUED MARCH 30, 2009

Before KANNE, WOOD and WILLIAMS, Circuit Judges.

The cultural and religious traditions of the Forest County Potawatomi Community (“the Community”) often require the use of pure natural resources derived from a clean environment. Many years ago, the Community became alarmed by increasing pollution levels in its lakes, wetlands, and forests. To remedy this problem, it submitted a request to the Environmental Protection Agency (“EPA”) to redesignate certain tribal lands from Class II to Class I status under the Prevention of Significant Deterioration (“PSD”) pro-gram of the Clean Air Act (“the Act”). This would have the effect of imposing stricter air quality controls on emitting sources in and around the Community’s redesignated lands.

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