In 2007 the Sierra Club issued comments to the EPA on a Wisconsin Electric Power Company (WEPCO) Title V permit for their Oak Creek, Wisconsin facility, stating that WEPCO shouldn't be allowed to use the actual to projected actual test but should have instead used the actual to potential test in determining New Source Review (NSR) applicability. Due to EPA's lack of response to the Sierra Club's comments the Sierra Club filed a law suit in November 2008 forcing the EPA to respond. On April 2, 2009 the EPA issued a consent decree to resolve the law suit. In the decree they agreed to respond to the petition by May 29. The EPA may reject the Sierra Club's comments and uphold the permit or it may reject the permit in whole or in part.