2025-16481: 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 Commonwealth of Kentucky v. U.S. Environmental Protection Agency, No. 3:24-CV-600-CHB (W.D. Ky.). On October 16, 2024, Plaintiffs the Commonwealth of Kentucky, Energy and Environment Cabinet (KY EEC); Rebecca Goodman, Secretary of the KY EEC; and the Louisville Metro Air Pollution Control District filed a complaint in the United States District Court for the Western District of Kentucky, Louisville Division. Plaintiffs allege that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to timely approve or deny a request to redesignate the Kentucky portion of the Louisville, Kentucky-Indiana, 2015 8-hour ozone nonattainment area (the Area) to attainment for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards). The proposed consent decree would establish deadlines for EPA to approve or deny the request to redesignate.
The agency’s own summary, as published.
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