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Programs and Projects of the Office of General Counsel (OGC)

Consent Decrees and Settlement Agreements

Last updated November 14, 2017 *  1

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Case Caption Consent Decree or Settlement Agreement Description of Future Deadlines for EPA Action Lead OGC Law Office Attorney Fees and/or Costs Paid by the U.S. for this Case
American Chemistry Council v. EPA, No. 15-1146 (D.C. Cir.) Settlement Agreement
  • Take final action on reconsideration of the Off-Site Waste and Recovery Operations (OSWRO) NESHAP by 1/18/2018.
ARLO N/A
Center for Biological Diversity, et al. v. EPA, No. 4:16-cv-4092 (N.D. Cal.) Consent Decree
  • Take final action on an outstanding ozone reasonably available control technology (RACT) state implementation plan (SIP) submitted for Delaware by 11/29/17 (modified by court order).
  • Take final action on an outstanding ozone nonattainment new source review (NNSR) SIP submitted for New York, NY by 11/30/2017.
  • Take final action on an outstanding ozone NNSR SIP submitted for Jamestown, NY by 11/30/2017.
  • Take final action on an outstanding ozone RACT SIP submitted for New York by 11/30/2017.
  • Take final action on an outstanding ozone SIP submitted for West Mojave Desert, CA by 1/31/2018.
  • Take final action on an outstanding ozone SIP submitted for San Joaquin Valley, CA by 7/31/2018.
ARLO $27,922.00
Center for Biological Diversity et al. v. McCarthy, 3:16-cv-03796-VC (N.D. Cal.) Consent Decree
  •  Issue a final Integrated Science Assessment addressing the health effects of sulfur oxides (SOx) by 12/14/2017.
  • Sign final rulemaking notice (FRN) for review of primary National Ambient Air Quality Standard (NAAQS) for oxides of nitrogen (NOx) by 4/6/2018.
  • Sign Notice of Proposed Rulemaking (NPRM) for review of primary NAAQS for SOx by 5/25/2018.
  • Sign FRN for review of primary NAAQS for SOx by 1/28/2019.
ARLO $29,201.53
Environmental Integrity Project, et al. v. McCarthy, No. 1:16-cv-00842-JDB (D.D.C.) Consent Decree
  • Sign a notice of proposed rulemaking (NPRM) for revision of RCRA Subtitle D criteria regulations (and state plan guidelines) pertaining to oil and gas wastes, OR sign a determination that revision of the regulations is not necessary following notice and comment rulemaking by 3/15/2019.
  • If EPA published NPRM for revision of RCRA Subtitle D criteria regulations (and state plan guidelines) pertaining to oil and gas wastes, EPA shall sign a notice taking final action by 7/15/2021.
SWERLO $33,000.00
Environmental Justice Health Alliance for Chemical Policy Reform, et al. v. EPA, No. 1:15-cv-05705 (S.D. N.Y.) Consent Decree
  • Sign a notice of proposed rulemaking (NPRM) pertaining to the issuance of Hazardous Substance Regulations under Clean Water Act § 311(j)(1)(C) (prevention of and containment of hazardous substance discharges) by June 2018.
  • Sign a notice taking final action following notice and comment rulemaking pertaining to the issuance of Hazardous Substance Regulations under Clean Water Act § 311(j)(1)(C) (prevention of and containment of hazardous substance discharges) by August 2019.
SWERLO $37,000.00
Missouri Coalition for the Environment Foundation v. EPA, 2:16-cv-04069 (W.D. Mo.) Consent Decree
  • EPA must either (a) approve new or revised water quality standards submitted by the State of Missouri addressing EPA’s August 16, 2011 disapproval of 10 CSR 20-7.031(3) Specific Criteria (N) Nutrients and Chlorophyll; or (b) sign a notice of proposed rulemaking that proposes new or revised water quality standards addressing EPA’s August 16, 2011 disapproval by 12/15/2017.
  • EPA must either (a) approve new or revised water quality standards submitted by the State of Missouri addressing EPA’s August 16, 2011 disapproval of 10 CSR 20-7.031(3) Specific Criteria (N) Nutrients and Chlorophyll; or (b) sign a notice of final rulemaking regarding the water quality standards that EPA proposed addressing EPA’s August 16, 2011 disapproval by 12/15/2018.
WLO $23,150.00
NRDC v. USEPA, No. 16 Civ. 1251 (ER)(SDNY) Consent Decree
  • Sign FRN proposing MCLG and MCL for perchlorate under SDWA by 10/31/2018.
  • Sign FRN for final MCLG and MCL for perchlorate under SDWA by 12/19/2019.
WLO $74,000.00
Northwest Environmental Advocates v. EPA, 3:15-cv-00663-BR (D. Ore.) Consent Decree & Settlement Agreement
  • EPA must either (a) approve state aluminum criteria for Oregon submitted to address EPA’s January 31, 2013 disapproval; or (b) to the extent criteria are not approved, sign a notice of rulemaking proposing such aluminum criteria for Oregon to address EPA’s January 31, 2013 disapproval by 12/15/2017. EPA signed a companion settlement agreement (SA) with oversight commitments regarding Oregon’s NPDES permits with aluminum limits during term of the consent decree (CD).
  • EPA must either (a) approve state aluminum criteria for Oregon submitted to address EPA’s January 31, 2013 disapproval; or (b) to the extent criteria are not approved, sign a final notice of rulemaking for aluminum criteria for Oregon to address EPA’s January 31, 2013 disapproval by 9/28/2018.
WLO $40,000.00
Northwest Environmental Advocates v. EPA, 3:15-cv-01151-HZ (D.Ore.) Consent Decree & Settlement Agreement
  • EPA must either approve arsenic criteria for protection of human health submitted by Idaho or sign a notice of rulemaking proposing human health criteria for arsenic by 11/15/2018. EPA signed a companion SA to consider certain information in the rulemaking and in permitting during term of CD.
  • EPA must either approve arsenic criteria for protection of human health submitted by Idaho or sign a notice of final rulemaking on EPA’s proposed human health criteria for arsenic by 7/15/2019.
WLO $26,000.00
Our Children’s Earth Foundation, et al. v. EPA, 3:13-cv-2857-JSW (N.D. Calif.) Consent Decree
  • EPA must either (a) approve selenium criteria submitted by California for all fresh waters in California not part of the “Bay Delta;” or (b) to the extent criteria are not approved for all fresh waters, sign a notice of rulemaking proposing selenium criteria for those waters without approved state criteria by 11/30/2018.
  • EPA must either (a) approve selenium criteria submitted by California for all fresh waters in California not part of the “Bay Delta;” or (b) to the extent criteria are not approved for all fresh waters, finalize its proposal of selenium criteria for waters without approved state criteria within six months of conclusion of Endangered Species Act consultation which EPA must initiate within nine months after the date EPA proposes criteria.
WLO $173,190.00
Sierra Club v. EPA, No. 4:09-cv-00152 (N.D. Cal.) Consent Decree
  • Issue final portion of the risk and technology review for the air toxics standards for the wool fiberglass manufacturing source category by 12/15/2017.
  • Issue final risk and technology review of the air toxics standards for the Portland cement source category by 7/15/2018.
ARLO $132,845.00
Sierra Club v. EPA, No. 15-cv-01555 (D.D.C.) Consent Decree
  • Take final action on Louisiana’s regional haze SIP and/or issue a federal implementation plan (FIP) by 12/15/2017.
ARLO $18,450.00
Sierra Club v. McCarthy, No. 3:15-cv-04328 (N.D. Cal.) Consent Decree
  • Take final action approving SIP or issuing FIP regarding ambient air quality monitoring/data systems requirements for San Joaquin Valley (Bakersfield MSA) by 12/15/2017.
ARLO $119,957.00
(Includes attorney fees associated with claims that were litigated as well as claims that were resolved pursuant to consent decree.)
Sierra Club and NRDC v. McCarthy, No. 3:13-cv-03953 (N.D. Cal.) Consent Decree
  • Issue third round of area designations for 2010 SO2 primary NAAQS under Clean Air Act § 107(d) by 12/31/2017.
ARLO N/A
Waterkeeper Alliance, et al. v. EPA, No. 15-2091 (L), 15-2259 (CON), 15-2428 (CON), and 15-3315 (CON) (2nd Circuit) Settlement Agreement
  • Obtain final signatures of appropriate EPA officials on a “proposed” or “draft” Next Multi-Sector General Permit (MSGP) by September 1, 2019 or 9 months after NRC issues final report, whichever is later, but in any event not after September 1, 2020.
  • Take final action, i.e., obtain final signatures of appropriate EPA officials on the Next MSGP within 9 months of signing the proposed Next MSGP, and promptly submit notice of the Next MSGP to the OFR for publication within 9 months of signing the proposed next MSGP above.
WLO $165,000.00

EPA strives to ensure that information provided is accurate and complete. This information is dynamic, however, and at times additions or changes may be necessary to achieve this goal. 

1 The consent decrees and settlement agreements posted here are provided for informational purposes only, and are typically just the original document. These original documents do not necessarily reflect modifications that may have occurred since the original document was drafted, if any. EPA will post any such modifications soon.