Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Sierra Club v. U.S. EPA, et al., No. 3:23-cv-00780-TLT. On February 22, 2023, Plaintiff Sierra Club filed a complaint in the United States District Court for the Northern District of California Oakland Division, alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to promulgate a Federal implementation plan (FIP) within two years of finding that Texas failed to submit a state implementation plan (SIP) for the Rusk/Panola 2010 SO<INF>2</INF> National Ambient Air Quality Standard (SO<INF>2</INF> NAAQS) nonattainment area. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing a deadline for EPA to take final action as specified in the decree.