Southern Illinois Power Cooperative v. Environmental Protection Agency
2017 U.S. App. LEXIS 12471
| 7th Cir. | 2017Background
- EPA promulgated the Round 2 Designations rule (July 2016) listing attainment/nonattainment determinations for 61 areas across 24 states under the 2010 SO2 NAAQS.
- Illinois recommended Williamson County be designated attainment; EPA disagreed, issued technical support, solicited comment, then designated Williamson County nonattainment.
- Southern Illinois Power Cooperative (Cooperative), operator of a large plant in Williamson County, submitted comments and challenged the designation; it petitioned the Seventh Circuit for review of the final rule and EPA denial of reconsideration.
- EPA moved to dismiss or transfer under 42 U.S.C. § 7607(b)(1), arguing the rule is “nationally applicable” so exclusive review lies in the D.C. Circuit; EPA sought consolidation with other petitions.
- Seventh Circuit ordered full briefing on whether Madison Gas & Elec. Co. v. EPA controls and whether it should be overruled; court concluded the Round 2 rule is nationally applicable and overruled Madison Gas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Round 2 Designations rule is "nationally applicable" under § 7607(b)(1) | Cooperative: challenge is only to a local designation (Williamson County); venue in Seventh Circuit is proper per Madison Gas | EPA: rule covers 61 areas in 24 states using a uniform national methodology; venue lies exclusively in D.C. Circuit | Held: Rule is nationally applicable; exclusive venue is D.C. Circuit (transfer ordered) |
| Whether the Madison Gas “petition-centric” test permitting regional-circuit review of local challenges to national rules remains good law | Cooperative relied on Madison Gas to keep case in Seventh Circuit | EPA and several circuits: Madison Gas conflicts with plain text of § 7607(b)(1) and undermines centralized review | Held: Madison Gas overruled — venue determined by nature of agency action, not scope of petitioner’s challenge |
| Whether § 7607(b)(1) is jurisdictional or a venue/filing rule controlling transfer/dismissal | Cooperative invoked stare decisis re Madison Gas | EPA invoked § 7607(b)(1) as mandatory; court noted prior holding that the provision is not jurisdictional but is binding as a venue rule | Held: § 7607(b)(1) governs venue (not jurisdictional); court enforces transfer to D.C. Circuit |
Key Cases Cited
- Madison Gas & Elec. Co. v. EPA, 4 F.3d 529 (7th Cir. 1993) (adopted petition‑centric venue test; overruled here)
- ATK Launch Sys., Inc. v. EPA, 651 F.3d 1194 (10th Cir. 2011) (applies statute focusing on nature of the regulation to find national applicability)
- Texas Mun. Power Agency v. EPA, 89 F.3d 858 (D.C. Cir. 1996) (criticizes Madison Gas’s distinction as elusive)
- Sierra Club v. EPA, 774 F.3d 383 (7th Cir. 2014) (background on Clean Air Act NAAQS framework)
- Clean Water Action Council of Ne. Wis., Inc. v. EPA, 765 F.3d 749 (7th Cir. 2014) (holds § 7607(b) filing/venue provisions are not jurisdictional)
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (2008) (discusses limits of stare decisis in statutory interpretation)