Wisconsin continues fight against EPA ozone rule

Wis. Attorney General calls it 'abuse of power'

Wisconsin is the latest state to stand in solidarity in challenging the Environmental Protection Agency’s (EPA’s) ozone rule, according to a written statement from Wisconsin’s Attorney General, Brad Schimel.

Attorney General Schimel  says Wisconsin filed a brief along with nine other states on Friday, April 22, asking that EPA’s new rule be vacated.

Calling the new federally imposed EPA ozone standard an “abuse” of the federal government’s power, Schimel said it’s  impossible for Wisconsin to obtain, and compared it to trying to control the weather.

“Wisconsin is expected to take impossible measures, like controlling the weather, under the new Ozone NAAQS,” Schimel said.

“We will not tolerate another instance of the EPA’s unconstitutional abuse of power as it continues to hammer job makers in our state with costly regulation,” he added.

On Oct. 26, 2015, the EPA released the new ozone Standard, lowering the limit to 70 parts per billion (ppb). 

Areas that cannot attain this standard are expected to take steps to reduce ozone, such as installing control technology on manufacturing and energy facilities.

Schimel says it is not only costly, but also discourages job-creators from expanding in those areas.

The state’s Solicitor General Misha Tseytlin and Deputy Solicitor Genera,l Luke Berg authored the brief on behalf of Wisconsin.

Arizona, Kentucky, New Mexico, Arkansas, Louisiana, North Dakota, Oklahoma, Utah, and Texas are among the other states included on the brief. The federal government has until July 22, 2016 to respond.

TODAY’S TMJ4 reached out to both the EPA and the Sierra Club for comment, but received no response. 

Click here to view the entire brief. 

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