On April 15, 2010, the United States District Court for the District of Columbia granted EPA’s Motion to enter into a consent decree with a group of environmental plaintiffs (e.g., Environmental Defense Fund, Sierra Club, etc.) regarding the plaintiff’s nondiscretionary duty lawsuit. According to the lawsuit, EPA failed to discharge a nondiscretionary duty by failing to promulgate final maximum achievable control technology emission standards for coal- and oil-fired electric generating units (EGUs), which the plaintiffs contend EPA is required to do under Section 112(d) of the Clean Air Act (CAA). The consent decree requires EPA to (1) sign for publication in the Federal Register a notice of proposed rulemaking setting forth EPA’s proposed CAA § 112(d) emissions standards for coal- and oil-fired EGUs by March 16, 2011 and (2) sign for publication in the Federal Register a notice of final rulemaking setting forth EPA’s final CAA § 112(d) emissions standards for coal-and oil-fired EGUs by November 16, 2011.
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