ELR Citation: ELR 21519
No(s). 93-2131 (7th Cir. Sep 9, 1993)

The court holds that it has jurisdiction under §307(b)(1) of the Clean Air Act (CAA) to review a challenge to the U.S. Environmental Protection Agency's (EPA's) acid rain regulations that allocate sulphur dioxide emissions allowances to three electrical generating plants in Wisconsin. Under §307(b)(1), only the D.C. Circuit Court of Appeals may review petitions to review nationally applicable regulations issued by EPA under the CAA, and regional courts of appeals may review EPA-issued CAA regulations that are local or regional in scope. The court holds that it, as a regional circuit court of appeals, has jurisdiction to review the action, because the challenged allocation is not a nationally applicable regulation. Although the challenged allocation is an element of a national program, it is not clearly a national feature of the acid rain program, because a decision on the merits will not affect the national program.

Counsel for Petitioner
Henry Nickel
Hunton & Williams
2000 Pennsylvania Ave. NW, Ste. 9000, Washington DC 20006
(202) 955-1555

Counsel for Respondent
Carol Browner
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before CUMMINGS, POSNER, and KANNE, Circuit Judges.