OGC Notice of New Proposed Consent Decree

US EPA Notice of New Proposed Consent Decree, Office of General Counsel
US EPA Notice of New Proposed Consent Decree

On November 23, 2021, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register (86 Fed. Reg. 66546, November 23, 2021) regarding a proposed consent decree related to Our Children's Earth Foundation v. Regan, Case No. 20 Civ. 8232 (JPO).  EPA concurrently opened docket number EPA-HQ-OGC-2021-0800, available at https://www.regulations.gov/docket/EPA-HQ-OGC-2021-0800, to receive public comments on this proposal.  The Federal Register notice and the text of the proposed consent decree are available in the docket.  The comment period is open until December 23, 2021.

On October 2, 2020, Plaintiff filed a complaint in the United States District Court for the Southern District of New York submitted a petition to EPA seeking a small refinery exemption from its 2019 Renewable Fuel Standard (RFS) obligations. Plaintiff alleged that the EPA failed to perform certain non-discretionary duties in accordance with the Clean Air Act to timely respond to numerous state implementation plan (SIP) revisions submitted by the State of New York.  The proposed consent decree will establish deadlines for EPA to act on certain submissions.  The proposed consent decree also includes standard language regarding resolution of costs and attorneys' fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process.

EPA encourages your participation in the public comment process on the proposed consent decree mentioned above.  Please submit any comments to EPA docket number EPA-HQ-OGC-2021-0800 by December 23, 2021, pursuant to the process outlined in the Federal Register notice.  We welcome all comments that you may have, including comments indicating concurrence.  Any comments received by EPA via email or other means outside of the regulations.gov platform will be directed to the docket where they will be available for public viewing.  You are under no obligation to submit comments, and this notice does not require you to take any action.

A copy of the proposed consent decree can be found here:https://www.regulations.gov/document/EPA-HQ-OGC-2021-0800-0002

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To view all complaints, petitions for review, and notices of intent to sue filed with the EPA, as well as proposed consent decrees and proposed settlement agreements, please visit  https://www.epa.gov/ogc.

You are receiving this notice because this email address is subscribed to this topic. Manage your subscription at https://www.epa.gov/ogc/email-subscriptions-new-litigation-notifications.

Disclaimer: Posting does not mean that the notice was properly filed and/or served upon EPA or the United States, and EPA does not waive any defenses related to improper filing or service as it relates to the notices posted.



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