Federal court sides with Wisconsin Indian tribe in fight with Michigan over air quality status

Tribe prevails in air quality fight with Mich.

TRAVERSE CITY, Mich. — A federal appeals court has ruled against Michigan in a nearly 15-year dispute with a Wisconsin-based Indian tribe over air quality standards.

Michigan challenged the U.S. Environmental Protection Agency’s decision in 2008 to give the Forest County Potawatomi Community’s reservation the highest level of protection against air pollution.

The EPA’s action followed years of fruitless negotiations between Michigan and the tribe, although the tribe reached a separate deal with Wisconsin.

Michigan officials say the EPA used a flawed process of making the air quality designation, which they contend will create complications for the state’s air quality control programs.

But the 7th U.S. Circuit Court of Appeals dismissed Michigan’s complaint Wednesday, saying the state lacked standing to contest the case.