The Metropolitan Milwaukee Association of Commerce (MMAC) welcomed the decision by the U.S. Court of Appeals for the Seventh Circuit to grant a stay on the U.S. Environmental Protection Agency’s (EPA) reclassification of southeastern Wisconsin as a “Serious” nonattainment area under the 2015 ozone standard.
The court’s ruling pauses the implementation of stricter air quality regulations that would have imposed significant new costs and permitting burdens on businesses across Milwaukee, Ozaukee, Washington, Waukesha, Racine, Sheboygan and Kenosha counties.
“This is a critical and welcome step toward protecting the economic vitality of southeastern Wisconsin,” said Dale Kooyenga, President of MMAC. “The EPA’s reclassification was based on flawed assumptions and ignored the overwhelming evidence that most of the ozone pollution in our region originates from out-of-state sources. The court’s stay allows us to pursue a more rational, science-based approach.”
In December, the EPA reclassified several Wisconsin counties from a “moderate” to “serious” nonattainment status, triggering costly compliance requirements for local employers. The Wisconsin Department of Natural Resources (DNR), supported by a coalition of business and civic leaders, filed a petition for review, arguing that the rule unfairly penalized Wisconsin businesses for pollution largely generated in Illinois and Indiana.
The 7th Circuit’s decision to stay the rule acknowledges the disproportionate burden placed on Wisconsin employers and the need for further judicial review before enforcement proceeds.