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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 statute. 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 105(g)(2)(A) of the Marine Protection, Research, and Sanctuaries Act (MPRSA, aka Ocean Dumping Act);
  • Section 7002(a)(2) of the Resource Conservation and Recovery Act (RCRA);
  • Section 20(a)(2) of the Toxic Substances Control Act (TSCA);
  • 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).

Disclaimer: EPA strives to ensure that information provided is accurate and complete. This information is dynamic, however, and at times additions or changes may be necessary to achieve this goal. Posting does not mean that the notice was properly filed and/or served upon EPA or the United States, and EPA does not waive any defenses related to improper filing or service as it relates to the notices posted here.