ELR Citation: 55 ELR 20161
No(s). 23-3581 and 23-3583 (6th Cir. Dec 5, 2025)

The Sixth Circuit affirmed in part and vacated in part two EPA decisions regarding the Detroit area’s attainment of NAAQS under the CAA. An environmental group challenged EPA approval of Michigan's exceptional-events request following wildfires in Canada and the Agency's redesignation of the Detroit area to attainment. The court found EPA conducted a thorough evaluation of Michigan's exceptional-event demonstration and provided reasons for its decision, but that the Agency lacked the authority for the redesignation because Michigan did not satisfy the reasonably available control technology requirements imposed when the area was designated moderate nonattainment. It held redesignation is permitted only when a state has met all requirements applicable to the area at the time of redesignation, rather than at the time a state submits its application for redesignation. The court affirmed EPA's approval of the exceptional-events request and vacated redesignation of the Detroit area to attainment.