OGC Notice of New Proposed Consent Decree
US EPA Notice of New Proposed Consent Decree
The U.S. Environmental Protection Agency (EPA) has recently published a notice in the Federal Register (89 FR 22140, March 29, 2024) regarding a proposed consent decree related to Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va.). On March 18, 2024, EPA opened docket number EPA-HQ-OGC-2024-0145, available at https://www.regulations.gov/docket/EPA-HQ-OGC-2024-0145 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 April 29, 2024.
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 given of a proposed consent decree that would resolve Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va.). On March 18, 2024, the Sierra Club, the West Virginia Highlands Conservancy, Inc., and the West Virginia Rivers Coalition, Inc. (collectively, "Plaintiffs") filed a complaint in the United States District Court for the Southern District of West Virginia against EPA alleging that the Agency failed to perform a mandatory duty under the Clean Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for certain waters located in the Lower Guyandotte River Watershed in West Virginia that are impaired due to ionic toxicity. This complaint followed Plaintiffs' submission to EPA of a Notice of Intent to Sue on March 21, 2023. EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.
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-2024-0145 by April 29, 2024, 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-2024-0145-0002.
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.
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US EPA, Office of General Counsel 1200 Pennsylvania Ave NW, Washington, DC 20460 United States
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