Petition Transfer

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7^th Circuit Court of Appeals

Case Name: Southern Illinois Power Cooperative v. Environmental Protection Agency et al.

Case No.: 16-3398 & 17-1442

Officials: BAUER, RIPPLE, and SYKES, Circuit Judges

Focus: Petition Transfer

Southern Illinois Power Cooperative seeks review of a final rule of the Environmental Protection Agency designating Williamson County, Illinois, as a nonattainment area for national air quality standards for sulfur dioxide. The rule in question is not limited to Williamson County; it makes attainment designations for 61 geographic areas spanning 24 states. The EPA moves to dismiss transfer the petition to the D.C. Circuit under the terms of the judicial-review provision of the Clean Air Act, which designates that circuit as the exclusive venue for review of “nationally applicable” agency actions. 42 U.S.C. § 7607(b)(1). We agree that the challenged rule is nationally applicable and therefore transfer the petition to the D.C. Circuit. Our decision conflicts with Madison Gas & Electric Co. v. EPA, 4 F.3d 529 (7th Cir. 1993). But Madison Gas is inconsistent with the text of § 7607(b)(1) and is therefore overruled.

Transferred

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.