2023-08510: Proposed Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims
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In accordance with the 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 Chesapeake Bay Foundation, Inc. et al. v. U.S. EPA et al., No. 1:20-cv-2529 (D.D.C.). On September 10, 2020, four states--Maryland, Virginia, Delaware, and the District of Columbia--and a number of non-state plaintiffs including the Chesapeake Bay Foundation ("CBF") and Anne Arundel County ("Plaintiffs") filed complaints in the U.S. District Court for the District of Columbia. The Plaintiffs asserted that EPA has a mandatory duty under the Clean Water Act ("CWA") to ensure that the goals of the Chesapeake Bay Agreement are met, and that EPA failed to perform that duty. Plaintiffs also asserted that EPA's evaluation of Pennsylvania's 2019 plan for implementing the Chesapeake Bay TMDL 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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