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Argued September 4, 2001

On Petitions for Review of a Final Rule of the Environmental Protection Agency

State of Michigan, et al. (hereinafter petitioners), petition this Court for review of the Environmental Protection Agency’s (“EPA”) 1999 revisions to the Part 71 federal operating permit program rule, 64 Fed. Reg. 8247 (Feb. 19, 1999) (codified at 40 C.F.R. pt. 71).*fn1 Petitioners argue that the EPA has exceeded its authority under the Clean Air Act (“CAA” or “the Act”), 42 U.S.C. s 7401 et seq. (2000), in proposing to promulgate and administer a federal operating permits program for areas where EPA believes the Indian country status is in question, and in proposing to make state/tribe jurisdictional determinations on a case-by-case basis rather than through notice and comment rulemaking.

 
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