Proposed Consent Decree, Clean Air Act Citizen Suit

Issuing agencies

Abstract

In accordance with section 113(g) of the Clean Air Act, as amended ("CAA" or "the Act"), the Environmental Protection Agency ("EPA" or "the Agency") is providing notice of a proposed consent decree in Center for Community Action and Environmental Justice v. United States Environmental Protection Agency, No. 4:23-cv-03571-YGR (N.D. Cal.). On July 19, 2023 and August 29, 2023, Plaintiff Center for Community Action and Environmental Justice and Plaintiffs East Yard Communities for Environmental Justice, People's Collective for Environmental Justice, Sierra Club, and Communities for a Better Environment (collectively, "Plaintiffs"), respectively, filed a complaint in the United States District Court for the Northern District of California alleging that EPA failed to perform its non-discretionary duty to take final action to approve or disapprove, or conditionally approve, in whole or in part, the California state implementation plan (SIP) submittal entitled South Coast Air Quality Management District Rule 2305, Warehouse Indirect Source Rule--Warehouse Actions and Investments to Reduce Emissions Program (SCAQMD Rule 2305), submitted to EPA by the California Air Resources Board on or about August 13, 2021. The two cases are now consolidated. The proposed consent decree would establish a deadline for the EPA Administrator ("Administrator") to sign a notice of final rulemaking for this action.