OGC Notice of New Proposed Settlement Agreement
US EPA Notice of New Proposed Settlement Agreement
The U.S. Environmental Protection Agency ("EPA") has recently published a notice in the Federal Register (89 FR 18408, March 13, 2024) regarding a proposed settlement related to Ecology Center, et al. v. U.S. EPA, No. 23-70158 (9th Cir.). On March 13, 2024, EPA opened docket number EPA-HQ-OGC-2024-0112, available at https://www.regulations.gov/docket/EPA-HQ-OGC-2024-0112 to receive public comments on this proposed settlement. The Federal Register notice and the text of the proposed settlement are available in the docket. The comment period is open until April 12, 2024.
On August 22, 2023, Ecology Center, the Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and the Sierra Club filed a petition for writ of mandamus requesting that the Ninth Circuit direct the Environmental Protection Agency (EPA) to "conclude a rulemaking under [TSCA] regulating lead wheel weights within six months." The mandamus petition alleges that EPA's 14-year delay violated the APA's requirement that a Federal agency "conclude a matter presented to it . . . within a reasonable time," and that the court has the authority to "compel agency action unlawfully withheld or unreasonably delayed." EPA is providing notice of this proposed settlement agreement, which would resolve all claims in the case and establish deadlines for EPA to take final action.
EPA encourages your participation in the public comment process on the proposed settlement agreement mentioned above. Please submit any comments to EPA docket number EPA-HQ-OGC-2024-0112 by April 12, 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 settlement agreement can be found here: https://www.regulations.gov/document/EPA-HQ-OGC-2024-0112-0002
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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