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Notice of Intent to Sue

Notices of Intent to Sue the U.S. Environmental Protection Agency (EPA)

Many of the environmental statutes that govern EPA actions contain provisions that allow citizens to sue EPA when EPA fails to perform an act or duty required by the statue. Unlike provisions allowing citizens to challenge final agency actions, these citizen suit provisions usually require a potential plaintiff to first provide the EPA with "notice of intent to sue" in advance of filing the lawsuit. Not all such notices result in lawsuits being filed.

These citizen suit provisions include: section 304 of the Clean Air Act (CAA), section 505(a)(2) of the Clean Water Act (CWA), section 1449(a)(2) of the Safe Drinking Water Act (SDWA), section 11(g)(1)(A) of the Endangered Species Act (ESA), section 7002(a)(2) of the Resource Conservation and Recovery Act (RCRA), section 310(a)(2) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and section 326(a)(1)(B) or (C) of the Emergency Planning and Community Right-to-Know Act (EPCRA).

This site makes available notices received by EPA's Office of General Counsel on or after January 1, 2013. Newly received notices are added on an ongoing basis.

June 2014

  • 06/20/2014 CAA, Center for Biological Diversity, Center for Environmental Health, and Clean Air Council
    Alleging EPA's failure to perform mandatory duties under the 2008 Lead NAAQS.

May 2014

  • 05/27/2014 CWA, Ronald J. Ferguson
    Failure to maintain compliance with storm water permit.
  • 05/20/2014 CAA, Finger Lakes Zero Waste Coalition, Inc.
    Alleging EPA's failure to timely respond to a title V petition regarding Seneca Energy II, Ontario County Landfill Gas to Energy Facility, NY.
  • 05/14/2014 CAA, Environmental Integrity Project and Sierra Club
    Alleging EPA's failure to timely respond to a title V petition regarding Luminant's Monticello Plant, Texas.
  • 05/12/2014 CAA, New Era Group
    Alleged failure 'to collect reliable data and to perform a reliable assessment of the existing inventory of and the need for' HCFC-22.
  • 05/02/2014 CAA, Californians Against Waste
    Failure to Perform Nondiscretionary Duties Under Section 112(d)(6) and (f) Relating to Municipal Solid Waste Landfills.

April 2014

  • 04/23/2014 CAA, Sierra Club
    Failure to take final action on 2008 ozone NAAQS infrastructure state implementation plan submittals and failure to make finding of failure to submit.

  • 04/21/2014 CAA, Sierra Club
    Failing to promulgate a Federal Implementation Plan (FIP) within two years of partially disapproving Arkansas' revised Regional Haze (RH) and Interstate Transport State Implementation Plans (SIPs).

March 2014

  • 03/18/2014 CAA, Monroe Energy LLC
    Failure to respond to a Petition for Reconsideration and a Petition for Partial Waiver of EPA's Regulation of Fuels and Fuel Additives 2013 Renewable Fuel Standards, published at 78 Fed. Reg. 49794 (Aug. 15, 2013).

February 2014

  • 02/19/2014 CAA, Nucor Steel-Arkansas, Nucor-Yamato Steel Company
    Failure to grant or deny Nucor's petition for an objection to Title V Operating Permit issued to Big River Steel by the Arkansas Department of Environmental Quality for a steel manufacturing facility in Osceola, Arkansas.
  • 02/10/2014 CAA, Sierra Club
    Failure to take final action on 2010 sulfur dioxide NAAQS infrastructure state implementation plan submittal and failure to make finding of failures to submit.

January 2014

  • 01/27/2014 CAA, Sierra Club
    Failure to take action on petition for redesignation of areas that violate 2008 NAAQS for Ozone.
  • 01/27/2014 CAA, Murray Energy
    Failure to carry out a duty under CAA 321 - entitled Employment Effects - to conduct continuing evaluations of potential loss or shifts of employment.

December 2013

  • 12/23/2014 CAA, Wild Equity Institute
    Alleging EPA's failure to respond to a title V petition for Gateway Generating Station, Antioch, CA.
  • 12/16/2014 CAA, Auto Industry Forum
    Failure to promulgate standards under 112(d) for five major source categories.

November 2013

  • 11/26/2013 CAA, Center for Biological Diversity
    Failure to make a finding of failure and take final action for 2006 PM2.5 NAAQS nonattainment areas.
  • 11/1/2013 CWA, Idaho Power Company
    Notice of Mandatory Duty to Review Site Specific Criteria in Idaho.
  • 11/1/2013 CWA, ESA, Northwest Environmental Advocates
    Alleges further duties under the CWA and ESA respecting Washington Water Quality Standards.
  • 11/1/2013 CWA, Northwest Environmental Advocates
    Alleges further duties under the CWA relating to Idaho Water Quality Standards.

October 2013

  • 10/28/2013 CAA, Sierra Club
    For failure to make a finding of failure to submit for state implementation plan amendments to add particulate matter less than 2.5 microns in diameter (PM2.5) increments.
  • 10/22/2013 CAA, Wildearth Guardians, Complaint
    Alleging EPA's failure to issue or deny a title V permit for Deseret Bonanza Power Plant in Utah.
  • 10/21/2013 CAA, Sierra Club
    For failure to promulgate a Federal Implementation Plan for Montanas SIP-approved PSD program to properly regulate nitrogen oxides as an ozone precursor.
  • 10/21/2013 CAA, Sierra Club
    Failure to meet statutory deadlines to set biomass-based diesel and renewable fuel requirements for 2014 standards.

September 2013

  • 9/12/2013 CAA, California Communities Against Toxics and Sierra Club
    Failure to conduct residual risk and technology reviews for 46 source categories pursuant to CAA section 112(d)(6) and (f)(2).
  • 9/04/2013 CAA, Center for Biological Diversity, Complaint
    For failure to make a finding of failure to submit and take final action for 2006 PM2.5 NAAQS nonattainment areas.

August 2013

  • 8/22/2013 CAA, Pine Creek Valley Water Association, Raymond Proffitt Foundation, Delaware Riverkeeper Network, Delaware Riverkeeper
    Pine Creek Valley Water Association, Raymond Proffitt Foundation, and Delaware Riverkeeper Network sent a 60 day NOI(dated August 22, 2013) to file a citizen suit for failure to review Pennsylvania's Act 41. the NOI states that Act 41 bars use of parts of Pennsylvania's approved antidegradation policy. The parties, along with Delaware Riverkeeper, sent a supplemental NOI dated December 3, 2013, stating that EPA has not approved or disapproved the change in water quality standards and if EPA does not review and disapprove Act 41, the agency will violate the APA.
  • 8/15/2013 CAA, BCCA Appeal Group
    Failure to promulgate designations of areas for the 1-hour NAAQS for sulfur dioxide.
  • 8/14/2013 CWA, South Carolina Coastal Conservation League
    For violations in connection with approval of Clydesdale Mitigation Bank.
  • 8/12/2013 CAA, Environmental Integrity Project and Benjamin Feldman, Complaint
    Failure to Grant or Deny Plaintiffs' Petition to Object to the Proposed Title V Operating Permit for Mettiki Coal preparation/processing plant.
  • 8/8/2013 CAA, The State of North Carolina, Complaint
    Failure to Designate Areas for the 2010 S02 National Ambient Air Quality Standard.
  • 8/8/2013 CWA, Pacific Coast Federation of Fishermen's Associations and the Institute for Fisheries Resources
    Alleges that EPA is in violation of a non-discretionary duty, under 33 U.S.C. 1313(c)(4), to propose and promulgate certain water quality standards for the State of Washington.
  • 8/2/2013 CAA, The Attorneys General of New York, Connecticut, Maryland, Massachusetts, Oregon, Rhode Island, and Vermont and the Puget Sound Clean Air Agency, Complaint
    Failure to timely review and revise the NSPS for Residential Wood Heaters under the CAA.
  • 8/2/2013 CAA, American Lung Association, Clean Air Council, Environmental Defense Fund, and Environment and Human Health, Inc.
    Failure to timely review and revise the NSPS for Residential Wood Heaters under the CAA.

July 2013

  • 7/29/2013 CWA, Wild Equity Institute, Communities for Better Environment, and Center for Biological Diversity
    For illegally issuing federal CAA permits to the Gateway Generating Station without consulting with the Fish and Wildlife Service.
  • 7/29/2013 CWA, The State of Maine
    Failure to perform nondiscretionary duties under the Clean Water Act.
  • 7/23/2013 CWA, Center for Biological Diversity
    Threatening an APA challenge to EPA's approval of Washington and Oregon's 2010 303(d) list where the state did not list waters as impaired due to ocean acidification.
  • 7/23/2013 CWA, Columbia Riverkeeper, Puget Soundkeeper Alliance, Spokane Riverkeeper, and North Sound Baykeeper, Complaint
    Alleges that EPA is in violation of a non-discretionary duty, under 33 U.S.C. 1313(c)(4), to propose and promulgate certain water quality standards for the State of Washington.
  • 7/22/2013 CAA, Commissioners of the County of Berks, Pennsylvania, Complaint
    Failing to make a finding of failure to develop a SIP addressing the North Reading 2008 Lead NAAQS Nonattainment Area and the Lyons 2008 Lead NAAQS Nonattainment Area.
  • 7/09/2013 CAA, The States of North Dakota, Nevada, South Dakota, and Texas, Complaint
    Failure to designate areas for SO2 NAAQS.
  • 7/1/2013 CAA, Sierra Club and Natural Resources Defense Council
    Supplemental notice for failure to designate areas for the 2010 S02 NAAQS.

June 2013

  • 6/20/2013 CWA, NRDC, Clean Ocean Action, Hackensack Riverkeeper, Heal the Bay, NY/NJ Baykeeper, Riverkeeper, Waterkeeper Alliance
    Notice of Intent to Sue for failure to promulgate National Recreational Water Quality Criteria in compliance with the Clean Water Act.
  • 6/19/2013 TSCA, Pro se
    Appears to be a notice of intent to sue EPA and a named employee alleging that EPA failed to take action against a contractor who allegedly violated lead-based paint regulations.
  • 6/10/2013 CAA, Clean Air Council
    Failure to make a finding that Pennsylvania is failing to implement its SIP; for failure to determine that PA is not adequately administering and enforcing its CAA Title V permitting program; and failure to sanction PA for these actions.
  • 6/10/2013 ESA, Turtle Island Restoration Network
    Notice of Intent to Sue under the ESA related to salmonid BiOps 1 and 2 (BiOps challenged in the NCAP v EPA lawsuit). Related to NOI NSC 2013-1.
  • 6/4/2013 CAA, Sierra Club and Natural Resources Defense Council
    Failure to make SO2 NAAQS designations.

May 2013

  • 5/29/2013 CAA, Sierra Club, Complaint
    Failure to grant or deny petitons to object to the proposed Title V permits for seven Pennsylvania power plants.
  • 5/23/2013 CAA, Sierra Club
    Failure to issue a finding of failure to submit a SIP addressing the Baltimore 1997 ozone NAAQS serious nonattainment area.
  • 5/13/2013 CWA, Northwest Environmental Advocates, Idaho Conservation League, Complaint
    Alleges duties under the CWA and ESA related to Idaho Water Quality Standards.
  • 5/13/2013 CWA, West Virginia Coal Association
    Alleges failure to approve revisions to West Virginia's NPDES program.

April 2013

  • 4/30/2013 CWA, Idaho Conservation League
    Mandatory Duty to Promulgate Human Health Toxics Criteria in Idaho.
  • 4/29/2013 CAA, Conservation Law Foundation
    Failure to timely promulgate new source standards of performance and regulations providing emission guidelines for certain greenhouse gas emissions from fossil fuel-fired electric utility generating units (power plants).
  • 4/25/2013 CWA, Richard Sloat
    Notice of intent for failure to require NPDES permit for Buck Mine discharge site.
  • 4/22/2013 CWA, The States of New York, Connecticut, Delaware, Maine, New Mexico, Oregon, Rhode Island, Vermont, and Washington, the Commonwealth of Massachusetts, the District of Columbia and the City of New York
    Failure to promulgate final standards of performance for greenhouse gas emissions from new electric utility generating units (power plants) and to issue emission guidelines for existing power plants.
  • 4/15/2013 CAA, Environmental Defense Fund, Sierra Club and Natural Resources Defense Council
    Failure to issue final NSPS regulating emissions of GHGs from new EGUs and failure to issue proposed and final emission guidelines for emissions of GHGs from existing EGUs.
  • 4/4/2013 CAA, Center for Biological Diversity
    Failure to promulgate a FIP within two years after finding that the State of Arizona failed to submit a SIP to attain NAAQS for PM10 in Maricopa County.

March 2013

  • 3/18/2013 CAA, Sierra Club
    For failure to grant or deny a petition requesting EPA to object to the issuance of the revised proposed Title V Operating Permit for Georgia Power's coal-fired Kraft Steam-Electric Generating Plant in Port Wentworth, Georgia.
  • 3/18/2013 CAA, Sierra Club
    For failure to grant or deny a petition requesting EPA to object to the issuance of the revised proposed Title V Operating Permit for Georgia Power's coal-fired Wansley Steam-Electric Generating Plant in Carrollton, Georgia.
  • 3/18/2013 CAA, Sierra Club
    For failure to grant or deny a petition requesting EPA to object to the issuance of the revised proposed Title V Operating Permit for Georgia Power's coal-fired Mcintosh Steam-Electric Generating Plant in Rincon, Georgia.
  • 3/13/2013 CAA, American Lung Association, Natural Resources Defense Council, and Sierra Club, Complaint
    For failure to perform non-discretionary duties related to the review of the national ambient air quality standards for ozone.
  • 3/11/2013 CWA, Florida Wildlife Federation
    Alleged mandatory duties under 303(d) regarding Florida's 303(d) list/antidegradation.
  • 3/11/2013 CWA, Alabama Rivers Alliance
    Failure to respond to petition to commence withdrawal proceedings regarding Alabama's NPDES program.

February 2013

  • 2/28/2013 CWA, ESA, Northwest Environmental Advocates
    Alleged mandatory duties under CWA and ESA regarding Washington WQS.
  • 2/26/2013 CWA, ESA, Our Children's Earth Foundation and Ecological Rights Foundation, Complaint
    Alleged duties under CWA and ESA regarding California Toxics Rule.
  • 2/21/2013 CAA, Sandra L. Bahr and David Matusow
    Failed to take final action with regard to the replacement 5% PM-10 plan or promulgate a FIP and impose highway funding sanctions.
  • 2/06/2013 CWA, Sierra Club, West Virginia Highlands Conservancy, Ohio Valley Environmental Coalition
    NOI alleges failure to perform a mandatory duty to approve revisions to state NPDES program.

January 2013

  • 1/30/2013 CWA, Sierra Club, West Virginia Highlands Conservancy, Ohio Valley Environmental Coaliton
    Alleged mandatory duty to approve or disapprove WVa's 303(d) list.
  • 1/30/2013 CAA, BCCA Appeal Group
    Failure to act on Texas SIP submittals relating to air quality permitting.
  • 1/23/2013 CAA, WildEarth Guardians
    Failure to take action on several Clean Air Act State Implementation Plan ("SIP") submissions from the States of Colorado, South Dakota, and Utah.
  • 1/14/2013 CAA, WildEarth Guardians
    Failure to Make a Finding that Utah and Idaho Failed to Submit State Implementation Plans to Attain the PM25 National Ambient Air Quality Standards as Required by Part D, Subpart 4 of the Clean Air Act.

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