Michigan AG Enforced State Air Quality Regulations

FEBRUARY 8, 2022

Michigan Attorney General Dana Nessel and the Michigan Department of Agriculture and Rural Development (MDARD) announced that a federal court had upheld state air quality regulations. In order to help the state comply with the Clean Air Act, fueling stations in certain counties are required to only sell low vapor pressure gasoline in the summer, when gas refueling is particularly harmful to air quality since ozone pollution (which gas refueling contributes to) is already high. A duty-free gas station within one of these counties sued MDARD, arguing the regulations did not apply to it because it of its duty-free status. On February 3, 2022, United States Court of Appeals for the Sixth Circuit dismissed this challenge and upheld the air quality requirements.