Proposed Consent Decree, Clean Air Act Citizen Suit

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Center for Biological Diversity et al v. Regan, No. 4:22-cv-02285 (N.D. Cal.). On April 13, 2022, Plaintiff Center for Biological Diversity (CBD) filed a complaint in the United States District Court for the Northern District of California. Plaintiffs alleged that the EPA failed to perform a mandatory duty under the Clean Air Act to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NO<INF>X</INF>), Sulfur Oxides (SO<INF>X</INF>), and Particulate Matter (PM). The proposed consent decree would require EPA to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NO<INF>X</INF>) and Sulfur Oxides (SO<INF>X</INF>), and the secondary NAAQS for Particulate Matter (PM) ecological effects. Specifically, the consent decree would require EPA to sign a proposed and final action in these NAAQS reviews by February 9, 2024 and December 10, 2024, respectively.