Proposed Consent Decree, Clean Air Act Citizen Suit

Issuing agencies

Abstract

In accordance with the Clean Air Act, as amended ("CAA" or "the Act"), notice is given of a proposed consent decree to address lawsuits filed by Our Children's Earth Foundation ("Plaintiff") in the United States District Court for the Northern District of California: Our Children's Earth Foundation v. Michael S. Regan, No. 3:23-cv-04955-WHA (N.D. Cal.). Plaintiff filed a complaint alleging that the Administrator failed to perform certain non-discretionary duties in accordance with the Act to take final action on state implementation plan ("SIP") revisions submitted by the States of Arizona, New Mexico, Colorado, and Utah. Certain claims included in the Complaint were acted upon by Environmental Protection Agency (EPA) or were withdrawn by the State during the pendency of the suit, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims.