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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 th...

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 the Center for Biological Diversity and the Center for Environmental Health (collectively ``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. McCarthy, No. 3:16-cv-03796-VC (N.D. Cal.). On July 7, 2016, Plaintiffs filed a complaint in this lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform nondiscretionary duties under the CAA to complete periodic reviews of the air quality criteria and the primary National Ambient Air Quality Standards (``NAAQS'') for sulfur oxides (``SOX'') and the primary NAAQS for oxides of nitrogen (``NOX''), to make such revisions to those air quality criteria and NAAQS as may be appropriate, and to promulgate such new NAAQS as may be appropriate. The proposed consent decree would establish deadlines for EPA to take certain, specified actions.

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82 FR 4866

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“Proposed Consent Decree, Clean Air Act Citizen Suit,” thefederalregister.org (January 17, 2017), https://thefederalregister.org/documents/2017-00942/proposed-consent-decree-clean-air-act-citizen-suit.