Proposed Consent Decree, Clean Air Act Citizen Suit

Issuing agencies

Abstract

In accordance with 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 Sierra Club, et al. v. United States Environmental Protection Agency, et al., No. 1:23-cv-01744-JDB (D. DC). Plaintiffs Sierra Club, National Parks Conservation Association, and Environmental Integrity Project (collectively, "Plaintiffs"), brought suit in the United States District Court for the District of Columbia alleging that and the U.S. Environmental Protection Agency ("EPA") and Michael Regan, in his official capacity as Administrator of the U.S. EPA ("the Administrator") (collectively, "Defendants"), failed to take final action on the second planning period regional haze state implementation plan ("SIP") revisions submitted by the following 34 states: Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, and Wyoming. There are three intervenors in this action. PacifiCorp is acting as an intervenor-plaintiff and the State of North Dakota and the State of Nevada are acting as intervenor-defendants. The proposed consent decree would establish deadlines for the EPA to sign a notice of proposed rulemaking for certain SIPs included in this action and a notice of final rulemaking for each of the SIPs included in this action.