Notices of Intent to Sue the U.S. Environmental Protection Agency Documents 2020

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

• 01/03/2020, CAA, Bill Green (pdf) (158.88 KB)
  For failure to perform non-discretionary duty under the Clean Air Act to respond to petitions requesting that the Administrator object to the Title V Operating Permit for the U.S. Department of Energy Hanford Site.
• 01/03/2020, CAA, the States of New Jersey, Connecticut, Delaware, and New York, the Commonwealth of Massachusetts, and the City of New York (pdf) (1.72 MB)
  For Failure to Perform Nondiscretionary Duty to Promulgate Federal Implementation Plans for the Good Neighbor Provision Requirements for the 2008 Ozone NAAQS
• 01/27/2020, CAA, Eco Green Generation LLC, Mr. Rhodes (pdf) (1021.01 KB)
  For failure to issue a completeness determination regarding Fairbanks, Alaska's failure to submit a new proposed SIP
• 02/03/2020, CWA, Montana Environmental Information Center; Sierra Club (pdf) (295.87 KB)
  Montana Environmental Information Center and Sierra Club intend to sue the EPA on the basis of failure to perform its nondiscretionary duty to promulgate TMDA for specific conductivity, total dissolved solids, nitrogen and nitrate/nitrite in the East Fork of Armells Creek located in Rosebud County Montana.
• 02/05/2020, CAA, Center for Biological Diversity and the Center for Environmental Health (pdf) (156.41 KB)
  For failures to take final action on nonattainment SIP elements for the Eastern Kern nonattainment area
• 02/11/2020, CAA, Center for Biological Diversity and Friends of the Earth (pdf) (210.43 KB)
  Failure to promulgate regulations to address greenhouse gas emissions from aircraft
• 02/19/2020, CWA, Center for Biological Diversity, Waterkeeper Alliance, Center for Food Safety, Turtle Island Restoration Network, Humboldt Baykeeper – A Project of Northcoast Environmental Center, Lake Worth Waterkeeper, Missouri Confluence Waterkeeper, (pdf) (526.42 KB)
  Center for Biological Diversity et al (Conversation Groups) intend to sue the EPA and Army CoE for alleged ongoing violations of the Endangered Species Act by issuing on 23 January 2020 the revised regulatory definition and final rule defining the scope of federally protected waters.
• 02/07/2020, CAA, Sierra Club (pdf) (456.86 KB)
  Failure to meet deadline to taking final action on the 2015 West Pinal Moderate PM10 Nonattainment Area SIP Revision and failure to meet the deadline for determining whether West Pinal County has attained the NAAQS for PM10
• 03/05/2020, CAA, Lion Oil Company, Alon USA, LP, Alon Refining Krotz Springs, Inc., and Delek Refining, Ltd. (pdf) (254.84 KB)
  Failure to Act on Small Refinery Hardship Exemption Petitions in Accordance with Statutory Deadline
• 03/05/2020, CAA, Center for Biological Diversity and the Center for Environmental Health (pdf) (1.61 MB)
  Failure to promulgate FIP for part of Mendocino County’s NSR program, failure to take action on the 2008 Ozone NAAQS for the Eastern Kern nonattainment and failure to take action on the 2008 Ozone NAAQS Requirement for the Northern Sierra AQMD
• 02/27/2020, CWA, Sierra Club; Center for Environmental Law and Policy (pdf) (739.51 KB)
  Alleging that EPA failure to perform non-discretionary duties relating to a "constructive" submission of a TMDL to address PCBs on the Spokane River
• 04/06/2020, CAA, Center for Biological Diversity and the Center for Environmental Health (pdf) (201.31 KB)
  Failure to take action on (1) several nonattainment planning elements for the 2008 ozone NAAQS for the Denver nonattainment area and (2) Colorado’s infrastructure SIP submittal for the 2015 ozone NAAQS, including the interstate transport prongs
• 04/07/2020, CWA, Natural Resources Defense Council, Conservation Law Foundation, Clean Wisconsin, Connecticut River Conservancy, Massachusetts Audubon Society, Merrimack River Watershed Council, Bangor Land Trust, New Mexico Wilderness Alliance... (pdf) (202.2 KB)
  Nine environmental organizations provided the attached notice of intent to sue regarding alleged Endangered Species Act (ESA) violations associated with the Navigable Waters Protection Rule (NWPR). Specifically, the organizations allege that EPA and the Army Corps of Engineers violated ESA section 7 by failing to consult with the U.S. Fish & Wildlife Service and National Marine Fisheries Service prior to issuing the NWPR. The organizations assert that the NWPR is a discretionary agency action...
• 03/10/2020, CWA, Gunpowder Riverkeeper (pdf) (887.08 KB)
  Alleging non-discretionary duty to disapprove Maryland TMDL to address PCBs in the Gunpowder and Bird Rivers
• 05/4/2020, CAA, Sierra Club and Clean Air Council (pdf) (762.01 KB)
  For EPA’s failure to grant or deny a petition to object to the proposed modifications of the Title V permit issued to the Northampton Generating Co. waste coal plant in Northampton County, Pennsylvania
• 05/08/2020 CAA, Environmental Defense Fund (pdf) (300.6 KB)
  For Failure to Publicly Docket Materials Related to Interagency Review of The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks, 85 Fed. Reg. 24,174 (Apr. 30, 2020)
• 05/28/2020, CAA, Center for Biological Diversity, Center for Environmental Health, Sierra Club (pdf) (575.99 KB)
  For failure to Issue findings of failure to submit nonattainment SIPs - Missouri, Guam, Indiana, Louisiana, and Puerto Rico with regard to sulfur dioxide (SO2) pollution
• 06/24/2020, CWA, Environmental and Animal Defense (pdf) (2.01 MB)
  Environmental and Animal Defense notice of intent to sue the EPA for alleged failure to comply with the ESA
• 05/18/2020, CWA, Chesapeake Bay Foundation. Inc,; Maryland Watermen's Association; Robert Whitescarver;Jeanne Hoffman; and Anne Arundel County, Maryland (pdf) (9.66 MB)
  Alleging failure to perform nondiscreationary duty under CWA 117(g), 33 USC sec. 1267(g), with respect to Chesapeake Bay Phase III Watershed Implementation Plans ("WIPs") for New York and Pennsylvania, as well as violation of Administrative Procedure Act, 5 USC sec. 706(2)(A) with regard to the same WIPs.
• 05/26/2020, CWA, State of Delaware (pdf) (1.08 MB)
  Alleging failure to perform nondiscreationary duty under CWA 117(g), 33 USC sec. 1267(g), with respect to Chesapeake Bay Phase III Watershed Implementation Plans ("WIPs") for York and Pennsylvania.
• 05/26/2020, CWA, State of Maryland, Commonwealth of Virginia, District of Columbia (pdf) (2.75 MB)
  Alleging failure to perform nondiscreationary duty under CWA 117(g), 33 USC sec. 1267(g), with respect to Chesapeake Bay Phase III Watershed Implementation Plans ("WIPs") for York and Pennsylvania.
• 07/08/2020, CAA,Environmental Integrity Project, Clean Air Council, Air Alliance Houston, Chesapeake Climate Action Network, Earthworks, Environment America, Environment Texas, Environmental Council, PennEnvironment, and Texas Campaign for the Environment (pdf) (773.95 KB)
  For failure to review the general control device requirements for flares under the New Source Performance Standards at least every eight years
• 07/15/2020, CWA, Montana Environmental Information Center; Sierra Club (pdf) (5.59 MB)
  Montana Environmental Information Center and Sierra Club intend to sue EPA alleging EPA failed to perform a nondiscretionary duty to establish TMDLs for aluminum and iron in the East Fork of Armells Creek, the West Fork of Armells Creek, and Armells Creek located in Rosebud County, Montana.
• 07/21/2020, CAA, United Refining Company (pdf) (155.39 KB)
  Failure to act on petition for a small refinery hardship exemption to its Renewable Fuel Standards for its Warren, Pennsylvania facility
• 08/08/2020, CAA, Our Children's Earth Foundation (pdf) (624.44 KB)
  Failure to Act on RACT SIPs for New York, including a 2008 ozone transport SIP supplement and 2015 ozone iSIP
• 08/11/2020, CAA, Center for Biological Diversity, Center for Environmental Health, Sierra Club (pdf) (144.28 KB)
  Failure to take actions with respect to certain areas designated as nonattainment for the 2010 SO2 NAAQS
• 09/21/2020, CAA, Environmental Integrity Project and Chesapeake Climate Action Network (pdf) (2.94 MB)
  Failure to timely respond to a petition to object to the proposed Title V Operating Permit issued by the Maryland Department of the Environment to the Northeast Maryland Waste Disposal Authority for the operation of the Montgomery County Resource Recovery Facility.
• 04/21/2020, ESA, Center for Biological Diversity (pdf) (193.52 KB)
  Alleges failure to consult under ESA on Temporary Enforcement Policy
• 06/10/2020, ESA, Center for Biological Diversity, Waterkeeper Alliance, Inc. and Riverkeeper, Inc. (pdf) (206.42 KB)
  Supplemental Notice regarding Alleges failure to consult under ESA on Temporary Enforcement Policy
• 10/19/2020, CAA, Our Children's Earth Foundation (pdf) (2.29 MB)
  Failure to publish state implementation plan documents for each of the 50 States
• 10/19/2020, CAA, Sidney T. Lewis and Yvonne D. Lewis (pdf) (6.9 MB)
  Failure to make a completeness determination regarding the State of Ohio failure to submit a proposed SIP addressing PM10-2.5 double standard requirement
• 10/20/2020, CAA, States of New York, Connecticut, Delaware, Massachusetts, and New Jersey and New York City (pdf) (9.39 MB)
  For failure to approve or disapprove 6 Good Neighbor state implementation plans for the 2015 ozone NAAQS for 6 states (IN, KY, MI, OH, TX, WV)
• 10/20/2020, CAA, Our Children’s Earth Foundation (pdf) (2.51 MB)
  For failure to approve/disapprove infrastructure state implementation plans and/or file federal implementation plans for the 2015 ozone NAAQS for 23 states (AL, AR, CT, IL, IN, IA, KS, KY, LA, MD, MI, MS, MO, NJ, NY, OH, OK, PA, TN, TX, VA, WV, and WI). (Rosemary Hambright, Dan Schramm)
• 10/20/2020, CWA, Spokane Tribe of Indians (pdf) (5.97 MB)
  The Spokane Tribe of Indians notice of intent to amend/supplement its complaint in W.D. Washington for alleged violations of the CWA for EPA's failure to perform its nondiscretionary duty with regard to the total maximum daily load for PCB's in the Spokane River and its tributaries.
• 10/09/2020, CERCLA, WASCO LLC (pdf) (168.46 KB)
  Notice of intent to file suit against EPA under CERCLA, RCRA, and CWA.
• 11/12/2020, CAA, Environmental Integrity Project, Califomia Communities Against Toxics, Louisiana Environmental Action Network, Ohio Valley Environmental Coalition, RISE St. James, Sierra Club and Texas Environmental Justice Advocacy Services, (pdf) (2.07 MB)
  Failure to perform duties under CAA sections 111 and 112 for the Synthetic Organic Chemical Manufacturing Industry
• 11/18/2020, CAA, Center for Biological Diversity and the Center for Environmental Health (pdf) (148.62 KB)
  Alleges failures to take final action on multiple State Implementation Plans - 6 for the 2008 8-hour ozone NAAQS for the Western Nevada County nonattainment area; 2 for the Riverside County (Coachella Valley) nonattainment area; and 1 for the 2008 8-hour ozone NAAQS for the Denver Metro/North Front Range nonattainment area
• 11/25/2020, CAA, Association of Irritated Residents (pdf) (602.16 KB)
  Failure to approve, disapprove, or partially approve/disapprove the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards and the San Joaquin Valley Supplement to the 2016 State Strategy for the State
• 12/01/2020, CAA, Growth Energy (pdf) (550.31 KB)
  For failure to establish renewable fuel volumes and standards for 2021