Proposed Consent Decree, Clean Water Act Claim

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 Delaware Riverkeeper Network et al. v. U.S. EPA et al., Docket No. 2:24-cv-05308 (E.D. Pa.). On October 2, 2024, Delaware Riverkeeper Network and Maya K. van Rossum, the Delaware Riverkeeper, filed a complaint in the United States District Court for the Eastern District of Pennsylvania. The complaint alleges that: the EPA failed to comply with its mandatory duty under the Clean Water Act (CWA) to promulgate revised water quality standards to protect aquatic life in the Delaware River within 90 days of proposal; and the EPA's failure to promulgate revised water quality standards is an unreasonable delay under the Administrative Procedure Act. The EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.