2022-24502: Proposed Consent Decree, Clean Water Act and Administrative Procedure Act Claims
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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 consent decree in Environmental Law & Policy Center, et al., v. United States Environmental Protection Agency, No. 3:19-cv-295 (N.D. Ohio). On February 7, 2019, the Environmental Law & Policy Center, which was later joined by the Lucas County Board of Commissioners, (collectively "Plaintiffs") filed a complaint against the EPA alleging that the Agency's approval of Ohio's 2018 section 303(d) list was arbitrary and capricious under the Administrative Procedure Act (APA) and that EPA had failed to perform duties mandated by the Clean Water Act ("CWA") with respect to Ohio's obligation to develop a Total Maximum Daily Load ("TMDL") to address nutrient pollution in western Lake Erie. EPA seeks public input on a proposed consent decree prior to its final decision-making to settle the litigation.
The agency’s own summary, as published.
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