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MICHIGAN v. U.S. E.P.A.

No. 08-2582.

581 F.3d 524 (2009)

State of MICHIGAN, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and Forest County Potawatomi Community, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 2009.

Attorney(s) appearing for the Case

Thomas L. Casey, Office of the Attorney General, John F. Leone (argued), Office of the Attorney General of the State of Michigan, Environmental, Natural Resources and Agriculture Div., Lansing, MI, for Petitioner.

Mary A. Gade, Attorney, Bharat Mathur, Attorney, Environmental Protection Agency, Region 5, Office of the Regional Counsel, Chicago, IL, Perry Rosen, Attorney, Department of Justice, Environmental Defense Section, Washington, DC, for Respondent.

Douglas W. Wolf, Sonosky, Chambers, Sachse & Endreson, Washington, DC, for Intervenor-Respondent.

Before KANNE, WOOD and WILLIAMS, Circuit Judges.

WOOD, Circuit Judge.

The cultural and religious traditions of the Forest County Potawatomi Community ("the Community") often require the use of pure natural resources derived from a clean environment. Many years ago, the Community became alarmed by increasing pollution levels in its lakes, wetlands, and forests. To remedy this problem, it submitted a request to the Environmental Protection Agency ("EPA") to redesignate certain tribal lands from Class II to Class I...

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