Proposed Consent Decree, Resource Conservation and Recovery Act Citizen Suit

Issuing agencies

Abstract

In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, this will provide notice and opportunity for public comment on a proposed Consent Decree in the matter of Statewide Organizing for Community eMpowerment v. U.S. Environmental Protection Agency, No. 1:22-cv-2562-JDB (D.D.C.). On August 25, 2022, a coalition of environmental organizations filed a complaint in the United States District Court for the District of Columbia. In the complaint, Plaintiffs allege that EPA has violated section 2002(b) of the Resource Conservation and Recovery Act (RCRA), by failing to perform its non-discretionary duty under to review and, if necessary, revise a regulation that exempts inactive coal combustion residuals (CCR) landfills from the CCR disposal regulations. The proposed consent decree would establish deadlines for EPA to sign proposed and final actions.