Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

On October 9, 2026, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Ohio in the lawsuit entitled United States and State of Ohio v. Renergy, Inc., Dovertail Energy, LLC, and Emerald Bioenergy, LLC, Civil Action No. 2:26-CV-01286.

The United States and the State of Ohio filed this action under the Clean Air Act. The complaint seeks injunctive relief and civil penalties for violations at Defendants' biogas facilities located at 1156 Herr Road in Fairborn, Ohio (Dovetail Facility) and at 2279 County Road 156 in Cardington, Ohio (Emerald Facility). The consent decree requires Defendants to perform injunctive relief and pay a $15,000 civil penalty, which is based on Defendants' demonstrated limited ability to pay a penalty.

The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Principal Deputy Assistant Attorney General, Energy and Natural Resources Division, and should refer to United States and State of Ohio v. Renergy, Inc., Dovertail Energy, LLC, and Emerald Bioenergy, LLC, D.J. Ref. No. 90-5-2-1-12791. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: ( printed page 66164)

Any comments submitted in writing may be filed by the United States in whole or in part on the public court docket without notice to the commenter.

During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department website: www.justice.gov/​enrd/​consent-decrees. If you require assistance accessing the Proposed Consent Decree, you may request assistance by email or by mail to the addresses provided above for submitting comments.