Environmental Protection Agency Docket EPA-HQ-OGC-2023-0367 Notice

2023-15110: Proposed Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims

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Summary

In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, memorandum regarding "Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency," notice is hereby given of a proposed settlement agreement that would resolve Gunpowder Riverkeeper v. Regan, et al., No. 1:20-cv- 02063 (D.D.C.). On July 29, 2020, Gunpowder Riverkeeper (Plaintiff) filed a complaint in the United States District Court for the District of Columbia alleging that EPA's approval of Maryland's submission of Total Maximum Daily Loads of Polychlorinated Biphenyls (PCB TMDLs) for the Gunpowder and Bird Rivers was arbitrary and capricious in violation of the Administrative Procedure Act (APA). EPA seeks public input on a proposed settlement agreement prior to its final decision-making with regard to potential settlement of the litigation.

The agency’s own summary, as published.

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