January 27, 2004

The Department of Environmental Quality’s (DEQ’s) Director Steven Chester applauded the Supreme Court decision for upholding the Environmental Protection Agency’s (EPA’s) right to review and object to state-issued air use permits that violate regulations under the Clean Air Act, Prevention of Significant Deterioration (PSD) permit program. Under the program, no major air pollutant emitting facility may be constructed unless the facility is equipped with the best available control technology (BACT).

The Alaska Department of Environmental Conservation (ADEC) unsuccessfully sued the EPA over halting the construction of a mine, an activity that qualified for a permit under the PSD permitting guidelines. As an obligation to enforce the PSD program, the EPA found it necessary to prohibit the construction of the Red Dog Mine in Alaska, as the permit did not comply with the BACT requirement. After the 9th Circuit Court rendered the EPA’s actions appropriate, the ADEC filed for an appeal to the Supreme Court.

“The Supreme Court’s decision will protect the environmental and economic interests of all states,” said Director Steven Chester. “EPA’s limited oversight of PSD permits will ensure that the states are guided by the same rules, with no state having an economic advantage over another.”

The DEQ, along with 12 other states (Vermont, California, Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Wisconsin, and Pennsylvania), filed an amicus brief in support of the EPA. Denying the ADEC’s appeal, the Supreme Court adhered to the EPA’s expertise in determining accurate BACT levels and ensuring finer air quality.

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

Revised January 27, 2004 by Pat Watson