Proposed Consent Decree, Clean Water Act and Administrative Procedure Act Claims

Issuing agencies

Abstract

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 hereby given of a proposed consent decree in Cape Fear River Watch et al., v. United States Environmental Protection Agency, No. 1:22-cv-03809 (D. D.C). On December 23, 2022, Plaintiffs Cape Fear River Watch, Rural Empowerment Association for Community Help, Waterkeepers Chesapeake, Waterkeeper Alliance, Humane Society of the United States, Food & Water Watch, Environment America, Comite Civico del Valle, Center for Biological Diversity, and Animal Legal Defense Fund (collectively, "Plaintiffs") filed a complaint against the EPA alleging that the Agency had failed to perform duties mandated by the Clean Water Act ("CWA") to revise the effluent limitations guidelines ("ELGs") and promulgate pretreatment standards for the Meat and Poultry Products ("MPP") industrial category, after EPA had determined that such revised ELGs and standards were appropriate. EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.