The Department of Environmental Quality, in conjunction with the Department of Attorney General, filed a petition today with the U.S. Court of Appeals for the 7th Circuit challenging the recent redesignation of the Forest County Potawatomi Community tribal lands in Wisconsin to Class I status by the U.S. Environmental Protection Agency.

Class I area designations are generally reserved for pristine or wilderness areas and, as such, they trigger increased permitting requirements for sources wanting to locate within 100 kilometers (62 miles). While the FCPC tribal lands are located in northern Wisconsin near the city of Crandon, this reclassification would affect areas in Michigan's Upper Peninsula including Menominee, Dickinson, Iron, and Gogebic counties. Michigan believes the manner in which the EPA redesignated the FCPC tribal land to Class I is contrary to law and will damage Michigan's ability to manage its air resources in the future.

"While Class I designations are truly laudable, the federal Clean Air Act and case law are clear on how such designations should be carried out," said DEQ Director Steven E. Chester. "We are disappointed that the EPA has ignored the Clean Air Act and made a decision not grounded in science that will ultimately create future difficulties for Michigan in managing an effective air permitting program."

Director Chester added that while Michigan supports the goal behind the redesignation to create cleaner and healthier air, Michigan's own air quality program can achieve that same goal in a manner that is in the best interests of all of Michigan's citizens.

For more information on Michigan's air quality, go to www.michigan.gov/deqair.

Editor's note: DEQ news releases are available on the department's Internet home page at www.michigan.gov/deq.

"Protecting Michigan's Environment, Ensuring Michigan's Future"

Revised June 30, 2008 by Linda Crawford