Proposed Settlement Agreement, Clean Air Act Citizen Suit

Publication Date: 
Monday, April 17, 2023 - 4:00am

In accordance with the Clean Air Act, as amended (CAA), notice is given of a proposed settlement agreement in Center for Biological Diversity v. Environmental Protection Agency, Case No. 22-1164 (D.C. Cir.). On July 20, 2022, the Center for Biological Diversity (CBD) filed a petition for review in the United States District Court for the District of Columbia alleging that the Environmental Protection Agency (EPA or the Agency) failed to comply with the consultation requirements of the Endangered Species Act (ESA), the CAA, and the Administrative Procedures Act (APA) in promulgating the Renewable Fuel Standard (RFS) Program: RFS Annual Rules, (July 1, 2022) (``2020-2022 RFS Annual Rule''). With the proposed settlement agreement, EPA would commit to complete its ESA consultation for the subsequent RFS rule proposed on December 30, 2022, the Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes, (December 30, 2022) (``2023-2025 RFS Set Rule''), and CBD would agree to dismiss its challenge to the 2020- 2022 RFS Annual Rule.

Environmental Protection Agency