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Proposed Consent Decree, Clean Air Act Citizen Suit

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Ap...

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Appleton Coated, LLC (Appleton or Plaintiff), in the United States District Court for the Eastern District of Wisconsin: Appleton Coated, LLC v. McCarthy, Civil Action No. 1:16-cv-272 (E.D. Wis.). On March 7, 2016, Plaintiff filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a nondiscretionary duty to grant or deny within 60 days a petition submitted by Plaintiff on November 19, 2013, requesting that EPA object to a CAA Title V permit issued by the Wisconsin Department of Natural Resources to Appleton authorizing the operation of its facility located in Combined Locks, Wisconsin. The proposed consent decree would establish a deadline for EPA to take such action.

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Federal Register Citation

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81 FR 44018

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“Proposed Consent Decree, Clean Air Act Citizen Suit,” thefederalregister.org (July 6, 2016), https://thefederalregister.org/documents/2016-16022/proposed-consent-decree-clean-air-act-citizen-suit.