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WMC v. Hyun (DNR)

Regulatory Certainty

WMC Litigation Center filed a lawsuit on behalf of WMC against the Wisconsin Department of Natural Resources (DNR). The lawsuit seeks to stop the DNR’s illegal practice of regulating emissions from certain mobile sources of air pollution while those sources are manufactured.

Air emissions come from two types of sources, stationary sources and mobile sources. The Clean Air Act allows state governments to regulate stationary sources, reserving for the federal government the power to regulate mobile sources. But Wisconsin’s DNR, for roughly forty years, has controlled nonroad emissions from engines that are manufactured or assembled as part of another piece of equipment. These include engines found in lawn tractors, snowmobiles, generators, UTVs, and other similar machinery.

In the lawsuit, WMC Litigation Center argues that the DNR’s regulation of these mobile sources is in violation of federal law.

Court:

United States District Court, Western District of Wisconsin

Case No.:

Stage:

Filed Complaint

Our Involvement:

WMC Litigation Center filed this case on behalf of Wisconsin Manufacturers & Commerce (WMC)
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