2023-07061: Proposed Consent Decree, Clean Air Act Citizen Suit
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In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Center for Biological Diversity et al., v. Regan, No. 3:22-cv-03309-RS (N.D. Cal.). On June 7, 2022, Plaintiffs Center for Biological Diversity and Center for Environmental Health filed a complaint in the United States District Court for the Northern District of California. On September 12, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of North Dakota, the State of California, the State of Colorado, and the State of Pennsylvania. Plaintiffs also alleged that EPA failed to promulgate a federal implementation plan (FIP) for the State of California and the State of New Hampshire. Certain claims included in the Amended Complaint have since been rendered moot, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims.
The agency’s own summary, as published.
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