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Sue and Settle Archive

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Notice of Intent to Sue Archive

11/13/2017EPCRA, Ironbound Community Corporation
NOI pursuant to section 326(d) of the Emergency Planning and Community Right-to-Know Act against EPA, New Jersey and the New Jersey State Emergency Response Commission for failure to provide public access to the comprehensive emergency response plan that covers Newark, New Jersey.
11/6/2017CWA, Menominee Indian Tribe of Wisconsin
Alleges that U.S. Army Corps of Engineers and U.S. EPA violated mandatory duties by failing to exercise jurisdiction and regulatory atuhority over the Menominee River and adjacent wetlands.
11/1/2017CWA, ESA, Protect Our Water
NOI from Protect Our Water alleging EPA failed to reinitiate ESA consultation on approval of Texas' NPDES permitting program authorization.
10/30/2017CAA, State of New York
Regarding EPA’s obligation to promulgate FIPs for Illinois, Michigan, Pennsylvania, Virginia, and West Virginia addressing the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS.
10/26/2017CWA, The South Carolina Coastal Conservation League
The South Carolina Coastal Conservation League sent an NOI to EPA and the U.S. Army Corps of Engineers alleging that both agencies failed to perform mandatory duties relating to the Corps’ issuance of a section 404 permit for I-73 in South Carolina.
10/25/2017CAA, Center for Biological Diversity
For failure to designate areas under the 2015 Ozone NAAQS. Supplements Oct, 3, 2017 notice of intent to sue.
10/25/2017ESA, Center for Biological Diversity
NOI from Center for Biological Diversity alleging EPA's violation of the Endangered Species Act in connection with the September 2017 Steam Electric ELG Delay Rule.
10/13/2017CAA, American Lung Association, American Public Health Association, American Thoracic Society, Appalachian Mountain Club, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club, West Harlem Environmental Action
For failure to designate areas under the 2015 Ozone NAAQS.
10/13/2017CAA, State of Maryland
For failure to designate areas under the 2015 Ozone NAAQS.
10/12/2017CAA, Southeast Environmental Task Force
For failure to grant or deny the Title V permit for the Indiana Harbor Coke Company.
10/12/2017CAA, State of Nevada, Division of Environmental Protection
For its Failure to Promulgate Designations of Attainment, Non-Attainment or Unclassifiable for the 2015 Ozone NAAQS.
10/5/2017CAA, States of New York, California, Connecticut, Illinois, Iowa, Maine, Minnesota, Oregon, Rhode Island, Vermont and Washington, the Commonwealths of Massachusetts and Pennsylvania, and the District of Columbia
For Failure to Issue Designations for 2015 Ozone National Ambient Air Quality Standards.
9/15/2017RCRA, Kris Yates
NOI dated September 10, 2017 filed on behalf of Kris Yates regarding the building of a solar array on exclusive farm use (EFU) farmland.
9/6/2017CWA, Wild Fish Conservancy
Notice of Intent to Sue EPA and NMFS for Violations of the ESA Associated with Consultation on Washington State's Revised Sediment Management Standars for Marine Finfish Facilities.
8/29/2017CAA, Sierra Club
For failure to act on Delaware’s 126 petition concerning Brunner Island.
8/29/2017CAA, Environmental Defense Fund, Clean Air Task Force, Clean Air Council, Center for Biological Diversity, Earthworks, Environmental Integrity Project, Natural Resources Defense Council, and Sierra Club
For Failure to Promulgate Emission Guidelines for Methane and VOC Emissions from the Oil and Gas Sector.
8/25/2017CWA, Northwest Environmental Advocates
NOI to sue EPA for failure to approve/disapprove w/in 30 days Washington State's 2015 Deschutes River TMDL. 
8/23/2017CAA, Environmental Defense Fund; Environmental Integrity Project; Adirondack Council; Maryland Environmental Health Network;Chesapeake Climate Action Network;Sierra Club Environmental Law Program; Chesapeake Physicians for Social Responsibility
NOI dated August 4, 2017, filed on behalf of public health, environmental, and conservation organizations for Failure to Perform a Nondiscretionary Duty to Act on Maryland's "Good Neighbor" Petition Under Section 126 of the Clean Air Act.
8/22/2017CAA, Douglas Lindamood
Alleged violation of emissions limits and SIPs related to VW, Audi, and Porsche vehicles.
8/16/2017CAA, Ho-Chunk Nation and Sierra Club, and its John Muir Chapter
For failure to respond to their petition to object to the Title V Operating Permit issued by the Wisconsin Department of Natural Resource for the Superior Silica Sands-Arland Plant.
8/16/2017CAA, Ho-Chunk Nation and Sierra Club, and its John Muir Chapter
For failure to respond to their petition to object to the Title V Operating Permit issued by the Wisconsin Department of Natural Resource to Wisconsin Proppants, LLC.
8/3/2017CAA, Center for Biological Diversity, the Center for Environmental Health, and the Clean Air Council
For EPA’s failure to make a failure of finding to submit for the 2012 PM2.5 NAAQS nonattainment areas for SIPs.
7/27/2017CAA, Center for Biological Diversity; Center for Environmental Health
Failure to make findings of failure to submit for 2008 ozone NAAQS nonattainment areas state implementation plans.
7/26/2017CAA, Chesapeake Bay Foundation, Inc.
For EPA’s failure to hold a public hearing and either grant or deny the Section 126 Petition filed by the Maryland Department of the Environment ("MOE") on November 16, 2016 regarding emissions from 36 coal-fired electric generating units ("EGUs").
7/20/2017CAA, State of Maryland, by and through the Maryland Department of the Environment
For EPA’s failure to hold a public hearing and take final action on the State’s section 126 petition. The State’s petition asks EPA to find that 36 power plant units located in Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia are significantly contributing to nonattainment or interfering with maintenance of the 2008 ozone NAAQS in Maryland.
7/7/2017CAA, Pennsylvania Department of Environmental Protection
For failure to establish guidelines for standards of performance for methane emissions from existing oil and gas operations.
6/29/2017CAA, the States of New York, California, Connecticut, Illinois, Iowa, Maine, Maryland, New Mexico, Oregon, Rhode Island, Vermont, and Washington, the Commonwealths of Massachusetts and Pennsylvania, the District of Columbia, Chicago
For failure to establish guidelines for standards of performance for methane emissions from existing oil and gas operations.
6/21/2017CAA, Center for Biological Diversity, the Center for Environmental Health and the Sierra Club
For failure to perform mandatory duty to ensure adequate protection against conflicts of interest in air pollution permitting and enforcement.
6/7/2017CAA, Center for Biological Diversity, Center for Environmental Health
For failure to take final action re ozone nonattainment areas state implementation plans to address Photochemical Assessment Monitoring Stations (PAMS).
5/18/2017CAA, Small Retailers Coalition
For EPA's noncompliance with sections 603 and 604 of the RFA.
5/8/2017CWA, Natural Resources Defence Council
NoI attached with district court complaint.
5/8/2017CWA, NRDC
NoI in relation to EPA's alleged refusal to designate for NPDES permitting cerain discharges in LA watershed.
5/8/2017CWA, NRDC
NoI received with complaint related to challenge to alleged refusal to designate for NPDES permitting discharges in the Batlimore watershed.
4/27/2017CWA, Connecticut Fund for the Environment; Natural Resources Defense Council; Riverkeeper; Waterkeepter Alliance; Raritan Baykeeper; Bronx Council for Environmental Quality; Newtown Creek Alliance; Jamaica Bay Ecowatchers; New York City Water
60-day NOI regarding EPA's failure to approve or disapprove NYS's primary contact recreation criteria.
4/26/2017CAA, Chesapeake Climate Action Network, Sierra Club, Environmental Integrity Project and Physicians for Social Responsibility, Chesapeake, Inc.
For failure to timely respond to our petition to object to the proposed Title V Operating Permit for the Fort Smallwood complex.
3/20/2017CAA, State of Connecticut
Failure to grant or deny section 126 petition filed by Connecticut regarding Brunner Island Steam Electric Station in York County, Pennsylvania.
3/14/2017CAA, Center for Biological Diversity and the Center for Environmental Health
For failure to make findings of failure to submit for 2008 ozone NAAQS nonattainment areas state implementation plans.
3/13/2017CAA, Sierra Club
For failure to grant or deny section 126 petition filed by Connecticut regarding Brunner Island Steam Electric Station in York County, Pennsylvania.
3/10/2017CAA, Environmental Integrity Project, Sierra Club, and Air Alliance Houston
For failure to grant or deny a petition to object to Part 70 operating permit for the Port Arthur Refinery in Jefferson County, Texas.
3/8/2017CAA, Sierra Club
For failure to conduct triennial reports to congress on Environmental and Conservation Impacts of the Renewable Fuel Standard and failure to conduct Anti-Backsliding Analysis or determine if mitigation measures are necessary.
2/23/2017CAA, Environmental Integrity Project, Sierra Club, and Air Alliance Houston
For failure to timely grant or deny a petition to object to Part 70 Operating Permit issued to the ExxonMobil Corporation for the Baytown Refinery in Hanis County, Texas.
2/14/2017CAA, Center for Biological Diversity and the Center for Environmental Health
For failure to make “bump up” determinations for Philadelphia and Washington D.C. marginal nonattainment areas for the 2008 ozone NAAQS.
2/9/2017CAA, Environmental Integrity Project and Sierra Club
For Failure to Timely Grant or Deny a Petition to Object to Part 70 Operating Permit for the Welsh Power Plant in Titus County, Texas.
1/19/2017CWA, Environmental Law & Policy Center
Mandatory duty NOI regarding Ohio's 2016 303(d) List.
1/13/2017CAA, Bill Green
For failure to respond to petition requesting that the Administrator object to the Title V operating permit for the U.S. Department of Energy Hanford Site.
1/13/2017ESA, Gulf Restoration Network, Little Tchefuncte River Association, Sierra Club Delta Chapter, Louisiana Audubon Council, Louisiana Environmental Action Network
Re: June 3, 2016 EPA Approval of Louisiana's Dissolved Oxygen Criteria Revisions for the Eastern Lower Mississippi Alluvial Plain Ecoregion. Sixty-Day Notice of Intent to Sue: Violations of the Endangered Species Act Related to the U.S. Environmental Protection Agency's Failure to Consult.
12/29/2016CAA, Douglas Lindamood 5130 Falcon Ridge Road Roanoke, Virginia 24018
For unreasonable delay in completing alleged mandatory duties to notify states and vehicle owners about alleged violations of state implementation plans
12/22/2016CAA, Sierra Club and Environmental Integrity Project
Failure to grant or deny a petition to object to a proposed Title V Operating Permit for Wheelabrator Frackville Energy, Inc. power plant in Schuylkill County, Pennsylvania.
12/20/2016CWA, EPA
Mandatory duty challenge to Region 5 demanding that they act on Ohio's 2016 303(d) list.
12/7/2016MPRSA, New York Department of State, New York Department of Environmental Conservation
NOI regarding EPA designation of Eastern Long Island Sounds dredged material disposal site.
11/23/2016CAA, Environmental Integrity Project, Sierra Club, and Air Alliance Houston
For Failure to Timely Grant or Deny a Petition to Object to Part 70 Operating Permit No. 01553 Issued to the ExxonMobil Corporation for the Baytown Olefins Plant in Harris County, Texas.
11/4/2016CAA, Center for Biological Diversity; Center for Environmental Health
For failure to perform a mandatory duty with regard to PM2.5 to protect the North Coast Air Quality Management District in California.
11/4/2016CAA, Valero Energy Corporation
For failure to perform non-discretionary duties which relate to defining the obligated party for the RFS program.
11/3/2016CAA, Climate Change Law Foundation; Association of Irritated Residents; Center for Biological Diversity; Sierra Club
Failed to grant or deny a petition to object to a proposed Authority to Construct/Certificate of Conformity ("Permit") for a Steam Plant in the McKittrick Oil Field in California.
10/28/2016CWA, Northwest Environmental Advocates
Mandatory duty lawsuit against Oregon to approve or disapprove the state's 2012 303(d) list.
10/14/2016CAA, The Humane Society of the United States, Association of Irritated Residents, Environmental Integrity Project, Friends of the Earth, and Sierra Club
For Unreasonable Delay in Responding to a Petition for the Regulation of CAFOs under the Clean Air Act.
10/14/2016CAA, Environmental Integrity Project, Sierra Club, Air Alliance Houston, and Environment Texas
For Unreasonable Delay and Failure to Perform a Non-­Discretionary Duty to Revise and Re-Issue or Deny Three Title V Permits Issued by the Texas Commission on Environmental Quality (Shell Deer Park Chemical Plant, Shell Deer Park Refinery, and SWEPCO's I-1. W. Pirkey Power Plant)
10/13/2016CAA, Sierra Club
Concerning Clean Air Act deadlines related to Commercial and Industrial Solid Waste Incinerators and other categories of Solid Waste Incinerators
10/12/2016CAA, Sierra Club
For failure to grant or deny a petition seeking an objection by EPA to the Title V Operating Permit renewal for the Tennessee Valley Authority’s Gallatin Fossil Plant
10/6/2016CAA, New England Gen-Connect, LLC
For failure to respond to petition regarding “Control of Emissions from New, Small Nonroad Spark-Ignition Engines and Equipment” to take action to remedy violations of the Act by certain generator conversion kit companies.
9/29/16CWA, ESA, Center for Biological Diversity and Northwest Environmental Advocates
Notice of Violations of the Endangered Species Act Regarding Approval of Water Quality Standards in New Hampshire, Vermont, Maine, and Connecitcut.
9/23/2016ESA, Northwest Environmental Advocates
Notice of intent to allege violations Endangered Species Act consultation provisions for administration of nonpoint source grant funds
9/22/2016CWA, George Barto, Beth Barto, and citizens of Borough of Blairsville PA
Failure to perform nondiscretionary duty
9/21/2016SDWA, Perry Lee Oil & Gas Company
Texas business-owner is asking EPA to weigh in on his legal dispute with several oil companies and the Texas Railroad Commission.
9/14/2016CAA, Center for Biological Diversity, the Center for Environmental Health, and the Clean Air Council
For failure to take final action and failure to make findings of failure to submit for 2008 ozone NAAQS nonattainment areas state implementation plans
8/25/2016CAA, Sierra Club
Failure to grant or deny a petition seeking an objection by EPA to the Title V Operating Permit proposed by the Western North Carolina Regional Air Quality Agency for Duke Energy Progress, Inc.’s Asheville Steam Electric Plant in Buncombe County, North Carolina
8/25/2016CAA, Sierra Club
Failure to grant or deny a petition seeking an objection by EPA to the Title V Operating Permit proposed by the North Carolina Department of Environmental Quality, Division of Air Quality for Duke Energy Progress, LLC’s Roxboro Steam Electric Plant in Caswell County, North Carolina
8/22/2016CWA, Columbia Riverkeeper, Idaho Rivers United, Snake River Waterkeeper, Pacific Coast Federation of Fishermen's Associations, and the Institute for Fisheries Resources
Alleging non-discretionary duty to establish TMDL for temperature on Lower Columbia River
8/16/2016CAA, Center for Biological Diversity and Center for Environmental Health
For failure to perform a mandatory duty with regard to PM2.5 to protect the state of Wisconsin.
8/3/2016CAA, Citizens for Clean Air and Sierra Club
For failure to determine whether the Fairbanks North Star Borough non-attainment area has attained the 24-hour PM2.5 NAAQS and to publish notice of that finding in the Federal Register, in addition to potentially reclassification of the area as a “serious” non-attainment area “no later than 6 months following the attainment date.
7/21/2016CAA, Chesapeake Climate Action Network, Sierra Club and Environmental Integrity Project
For unreasonable delay in responding to petition requesting that EPA reconsider its final action on the startup and shutdown provisions from the Mercury and Air Toxics Standards.
7/21/2016CWA, Municipality of San Juan
Notice of Intent to Sue for aerial spraying of pesticides in Puerto Rico to combat the Zika Virus
7/18/2016CAA, Center for Biological Diversity and the Center for Environmental Health
For failure to perform mandatory duties for PM2.5
7/7/2016CAA, Sierra Club
Failure to perform a non-discretionary duty to grant or deny petition seeking an objection to Proposed Title V Permit for the operation of Scrubgrass Generating Company L.P. facility located near Kennerdell, Pennsylvania
7/6/2016CAA, Sierra Club
Failure to perform a nondiscretionary duty to grant or deny petition seeking an objection to Proposed Title V Permit for the operation of PacifiCorp's Hunter Power Plant located in Castle Dale, Utah
7/5/2016CAA, Environmental Integrity Project, Air Alliance Houston, Environment Texas, Texas Campaign for the Environment, Downwinders at Risk, Neighbors for Neighbors, Public Citizen's Texas Office and the SEED Coalition
For unreasonable delay in responding to Petition for EPA action to address startup, shutdown, and maintenance exemptions in revised permits for Texas coal-fired power plants
7/1/2016CAA, Center for Biological Diversity and the Center for Environmental Health
For failure to perform multiple mandatory duties with regard to PM2.5
6/30/2016CAA, State of New York
Failure to perform non-discretionary duty to promulgate Federal Implementation Plan for Kentucky's Good Neighbor provision requirements for the 2008 ozone NAAQS
6/9/2016CAA, Chesapeake Climate Action Network, Sierra Club, Environmental Integrity Project and Physicians for Social Responsibility, Chesapeake, Inc.
For failure to timely grant or deny a petition to object to the Title V operating permit for the Morgantown Generating Station
6/6/2016CAA, Sierra Club
For failure to promulgate Federal Implementation Plan for Kentucky Good Neighbor provision
5/17/2016CAA, Center for Biological Diversity, the Center for Environmental Health, and the Clean Air Council
Deadline suit for failure to submit and failure to act on 2008 ozone attainment SIPs
4/27/2016CAA, Finger Lakes Zero Waste Coalition, Inc
For failure to perform nondiscretionary duty under the CAA to respond to Petition filed on or about February 8, 2016, requesting that the Administrator object to the Title V operating permit for the Seneca Energy II, LLC, Ontario County Landfill Gas to Energy · Facility
4/27/2016CAA, Center for Biological Diversity and the Center for Environmental Health
For failure to timely review, revise and promulgate the Air Quality Criteria for Sulfur Oxides and the NAAQS for Sulfur Dioxide and Nitrogen Oxides as may be appropriate
4/27/2016CAA, Sierra Club, Medical Advocates for Healthy Air, Physicians for Social Responsibility - Los Angeles, WildEarth Guardians, and Center for Biological Diversity
For failure to perform non-discretionary duties related to the implementation of the 1997 NAAQS PM2.5 in the Los Angeles-South Coast Air Basin, CA nonattainment area
4/18/2016CAA, States of New York, Connecticut, Massachusetts, New Hampshire, Rhode Island and Vermont
Failure to Act on their Petitions Under Clean Air Act Section 176A
4/8/2016CAA, Community In-Power and Development Association Inc., Hoosier Environmental Council, Ohio Valley Environmental Coalition, and the Utah Physicians for a Healthy Environment
For failure to issue standards or final residual risk determinations for various major sources of hazardous air pollutants categories. Also for failure to review and revise as necessary emission standards promulgated every 8 years.
4/7/2016CWA, Potomac Riverkeeper Network
Allegation EPA failed to fulfill mandatory duty to approve or disapprove Virginia's 2014 303(d) list.
4/6/2016CAA, Citizens for Clean Air and the Sierra Club
Failure to issue a full or partial approval or a disapproval of the State of Alaska’s state implementation plan addressing the Fairbanks North Star Borough 24-hour fine particulate matter non-attainment area.
4/4/2016CWA, Sierra Club , West Virginia Highlands Conservatory, West Virginia Rivers Coalition
Allegation EPA failed to fulfill mandatory duty to approve or disapprove West Virginia's 2014 303(d) list.
3/24/2016CAA, Sierra Club
Amended NOI for the failure to promulgate a FIP within two years of partially disapproving Louisiana's June 13, 2008 Regional Haze SIP.
3/1/2016CWA, Puyallup Tribe of Indians
NOI regarding alleged mandatory duty to promulgate WQS in Washington State.
2/18/2016CAA, Bill Green
Failure to issue a part 71 permit in response to EPA’s order granting in part a petition to object to the Hanford permit and the state’s failure to respond to that order
2/16/2016CAA, WildEarth Guardians
Failure to determine that the Denver Metropolitan/North Front Range area of Colorado failed to attain the 2008 ozone NAAQS by the attainment date of July 20, 2015.
2/12/2016CAA, Center for Biological Diversity and Elizabeth Crowe
For failure to make “bump up” determinations for various marginal non-attainment areas for the 2008 ozone NAAQS.
2/10/2016CAA, Iowa Citizens for Community Improvement, Clean Wisconsin, Center for Food Safety, The Humane Society of the United States, the Association of Irritated Residents, Food & Water Watch, and the Environmental Integrity Project
For unreasonable delay in responding to our April 5, 2011 petition for the Regulation of Ammonia as a Criteria Pollutant Under Clean Air Act Sections 108 and 109.
1/28/2016CAA, Plant Oil Powered Diesel Fuel Systems, Inc.
For failure to properly regulate fuel, particularly renewable diesel.
1/21/2016CAA, Seneca County, Inc.
For failure to timely grant or deny Petition to Object to the proposed Title V Operating Permit issued to Seneca Energy, II LLC for operation of the Landfill Gas to Energy Facility located in Seneca Falls, Seneca County, New York.
1/21/2016CAA, North Carolina Department of Environmental Quality
Failure to timely respond to 2013 petition regarding the Ozone Transport.
1/18/2016CAA, Appleton Coated, LLC and Wisconsin Paper Council, Inc. (complaint)
Failure to grant or deny a petition regarding the Title V Operating Permit to Appleton Coated. LLC. for a plant in Wisconsin.
12/24/2015CAA, Blue Ridge Environmental Defense League, Clean Wisconsin and Midwest Environmental Defense Center (complaint)
Failure to promulgate standards for several categories of major sources of hazardous air pollutants.
12/22/2015CWA, John Penn Whitescarver
Alleging violation of mandatory duty approving an alleged defective NPDES permit for active construction stormwater issued by State of Florida.
12/22/2015CWA, John Penn Whitescarver
Alleged failure to perform a mandatory duty by approving alleged defective NPDES permit issued by Virginia for Small Municipal Separate Storm Sewers.
12/21/2015CAA, Center for Biological Diversity, Sierra Club, Association of lrritacect Residents and Climate Change Law Foundation
Failure to grant or deny the petition requesting that EPA object to the Permit proposed by the San Joaquin Valley Air Pollution Control District for the Alon USA - Bakersfield, California Refinery Crude Oil Flexibility Project, Facility.
12/21/2015CWA, Sanitary Board of the City of Charleston, West Virginia
Alleging mandatory duty for EPA to approve or disapprove state-submitted WQS.
12/21/2015CWA, Waterkeepers Washington
NOI to sue EPA for failure to perform mandatory duty to promulgate human health water quality criteria for State of Washington within 90 days of proposal.
12/10/2015CAA, Sierra Club
Failure to submit non-attainment area SIP submittals for the NAAQS for S02 for 14 states.
12/4/2015CAA, Sierra Club and Environmental Integrity Project (complaint)
Failure to grant or deny a petition regarding the Title V Operating Permit for the Tennessee Valley Authority's Bull Run Fossil Plant located in Clinton, Tennessee.
11/20/2015CAA, New Era Group, Inc.
For failure to enforce the Greenhouse Gas Reporting rules for suppliers of HFCs.
11/6/2015CWA, Missouri Colation for the Environment Foundation
Notice of Intent to Sue filed by Missouri Coalition for the Environment Foundation alleging nondiscretionary duty to promulgate WQS for Missouri.
11/4/2015CAA, Sierra Club
Failure to take final action on 2008 ozone NAAQS infrastructure state implementation plan submittals for New Jersey.
11/2/2015NRDC, Defenders of Wildlife, The Bay Institute
Alleged failure to carry out non-discretionary federal review of California water quality standards in violation of Clean Water Act section 303(c)
10/13/2015CWA, Southern Utah Wilderness Alliance
Notice alleging EPA failure to approve or disapprove Utah's CWA 303(d) list of impaired waters.
10/8/2015CAA, Center for Biological Diversity; Center for Environmental Health; Neighbors for Clean Air
Notice of intent to sue for failure to promulgate a Federal Implementation Plan for Montana .
10/5/2015CAA, Sierra Club
For failure to take final action on 2008 ozone NAAQS infrastructure state implementation plan submittals with regard to Wyoming.
9/21/2015CAA, Nucor Steel Louisiana LLC and Consolidated Environmental Management, Inc., a fully-owned subsidiary of Nucor Corporation (complaint)
Failure to take action after objection to Nucor's Title V permit.
8/31/2015CAA, Partnership for Policy Integrity
Failure of EPA Administrator to Take Timely Final Action Regarding Petition to Object to Permit for the Piedmont Green Power. LLC Facility in the City of Barnesville, Lamar County. Georgia
8/31/2015CWA, ESA, Wild Fish Conservancy (complaint)
For failure to take final action and failure to make findings of failure to submit for 2006 PM2.5 NAAQS nonattainment areas state implementation plans.
8/17/2015CAA, Sierra Club and Louisiana Environmental Action Network (complaint)
For failure to grant or deny a petition requesting that the Administrator object to the Title V permit issued to Yuhuang Chemical Inc. for the construction and operation of a new methanol manufacturing plant in St. James, Louisiana.
8/17/2015CAA, Midwest Environmental Defense Center
For failure to grant or deny a petition regarding the Title V Operating Permit issued by the Wisconsin Department or Natural Resources to Appleton Coated LLC for a plant in Wisconsin.
8/13/2015CAA, Value Recovery Inc.
For failure to name a stationary major source category that includes the hazardous air pollutant, Methyl Bromide.
8/3/2015CAA, Center for Biological Diversity, Center for Environmental Health, and Neighbors for Clean Air (complaint)
For failure to take final action and failure to make findings of failure to submit for 2006 PM2.5 NAAQS nonattainment areas state implementation plans.
7/13/2015CAA, Yvonne D. Lewis and Sidney T. Lewis
Pro se NOI regarding failure to do alleged mandatory duties related to lead HAP emissions from leaded avgas and Ohio nonattainment areas.
7/8/2015CAA, State of North Carolina
Failure to Approve or Disapprove North Carolina's PM 2.5 State Implementation Submittal, dated September 5, 2013, pursuant to Clean Air Act Section 110(k).
6/17/2015CWA, State of Maine
60-day NOI from State of Maine to sue EPA over failure to approve WQS in Indian country within the State where EPA had previously approved such WQS in State waters.
6/11/2015CAA, Preserve Pepe'keo Health and Environment
Failure to take timely action regarding petition to object to the Hu Honua Bioenergy, LLC ("Hu Honua") Title V operating permit.
6/1/2015CAA, Sierra Club
For failure to take action on 2008 Ozone SIPs and related FIP commitments.
5/28/2015CAA, State of Nevada Dept. of Conservation and Natural Resources
Failure to Act on Nevada's 2008 Ozone NAAQS State Implementation Plan Submission as Required by 42 U.S.C. Sec. 7410(k)(2).
5/28/2015CAA, State of Louisiana and Louisiana Department of Environmental Quality
For failure to Designate Areas of Attainment or Non-Attainment for the Sulfur Dioxide NAAQS.
3/24/2015CAA, Sierra Club
For failure to promulgate a FIP within two years of EPA's partial disapproval on Louisiana's Regional Haze SIP.
3/20/2015CAA, Sierra Club and Physicians for Social Responsibility- Los Angeles
For its failure to perform non-discretionary duties related to the implementation of the 2006 NAAQS for PM2.5 in the Los Angeles-South Coast Air Basin, CA nonattainment area.
3/20/2015CAA, Wisconsin Public Service Corporation
For failure to grant or deny petitons to object to the proposed Title V permits for WPSC's De Pere Energy, LLC plant and for WPSC's Weston plant, Permit.
3/18/2015CAA, Plant Oil Powered Diesel Fuel Systems, Inc
For failure to regulate nitrous oxides emissions from biofuels, additives comprised of biofuels, and the biofuel-derived blendstocks of petroleum-based fuels run in compression ignition (diesel) engines of all kinds.
3/10/2015CAA, Environmental Integrity Project and Sierra Club
For failure to respond to petition to object to the Title V permit issued to Southwestern Electric Power Company for operation of the H.W. Pirkey Power Plant in Harrison County, Texas.
2/20/2015CAA, Hawaiian Electric Company, Inc.
Failure to Act on Petition for Reconsideration of the National Emission Standards for Hazardous Air Pollutants From Coal-Fired and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units, 77 Fed. Reg. 9304 (Feb. 16, 2012) ("MATS Rule").
2/11/2015CWA, Northwest Environmental Advocates
Mandatory Duties Under Section 303(c)(4) of the Clean Water Act, to Revise Oregon's Water Quality Criteria for Toxic Pollutants.
2/10/2015CWA, Conservation Law Foundation
Failure to perform nondiscretion duty to require NPDES permits for certain stormwater discharges to certain waters in RI.
2/10/2015CWA, Conservation Law Foundation, Charles River Watershed Association
Failure to perform nondiscretionary duty to notify stormwater dischargers of permit requirement and to respond to residual designation petition within 90 days.
2/5/2015CAA, Wildearth Guardians
For EPA's failure to promulgate a FIP within two years of disapproving the State of Utah's Regional Haze SIP.
2/4/2015CAA, California Communities Against Toxics, Californians Against Waste Foundation, Coalition For A Safe Environment, Del Amo Action Committee, Desert Citizens Against Pollution, Louisiana Bucket Brigade, Louisiana Environmental Action Network, Neighbors for Clean Air and Ohio Citizen Action
Regarding overdue health risk and technology review (RTR) rules.
1/29/2015CAA, HEAL Utah, National Parks Conservation Association, and Sierra Club
For EPA's failure to promulgate Regional Haze FIP for Utah.
1/26/2015CAA, WildEarth Guardians
For EPA's failure to promulgate to FIP within two years of disapproving the State of Utah's Regional Haze SIP.
1/16/2015SDWA, Sandra Reevis, Blackfeet Tribe
Notice of intent to sue EPA R8 over Town of Browning water supply on Blackfeet Reservation.
1/15/2015CAA, WildEarth Guardians
For failure to take action on a number of title V permit applications pending in Region 8.
12/22/2014CAA, Halogenated Solvents Industry Alliance, Inc.
For failure to list n-Propyl Bromide as a hazardous air pollutant.
12/15/2014CAA, American Petroleum Institute
For failure to issue the 2014 & 2015 Renewable Fuel Standard Regulations and failure to meet the 90-day deadline with respect to API's waiver petition.
12/12/2014CWA, Idaho Conservation League
Notice of intent to sue EPA for approval of Idaho Antidegradation rule.
12/2/2014SDWA, Peter Bormuth
Non-discretionary duty suit for permitting Class II UIC well in violation of the SDWA and implementing regulations.
12/1/2014CAA, American Fuel & Petrochemical Manufacturers
For failure to issue the 2015 Renewable Fuel Standard Regulations.
12/1/2014CAA, American Petroleum Institute
For failure to issue the 2015 Renewable Fuel Standard Regulations.
11/21/2014CAA, American Fuel & Petrochemical Manufacturers
For failure to issue the 2014 Renewable Fuel Standard Regulations.
10/17/2014ESA, Sierra Club, Waterkeeper Alliance, Center for Biological Diversity
For EPA’s failure to comply with the Endangered Species Act regarding discharge requirements at cooling water intake structures.
10/8/2014CAA, Sierra Club and WildEarth Guardians
For failure to find that Alabama, Florida, Mississippi, and North Carolina have failed to submit SIPs to meet various requirements under Section 110(a) of the CAA with regards to the 2008 revised NAAQS for ozone.
10/8/2014CAA, Sierra Club
For failure to take final action on 2008 ozone NAAQS infrastructure state implementation plan submittals for Kansas and North Dakota.
10/2/2014CAA, Sierra Club
Failure to grant or deny petition to object to the proposed Title V permit for the Schiller Station power plant in Portsmouth, New Hampshire.
9/17/2014CAA, Nucor Steel Louisiana LLC and Consolidated Environmental Management, Inc
For failure to take mandatory action under the CAA for violations of the Administrative Procedure Act and for relief under the Declaratory Judgment Act.
9/2/2014CAA, WildEarth Guardians
For unreasonable delay in responding to petition to find that Colorado is failing to administer its Title V permitting program.
8/27/2014CAA, Sierra Club and WildEarth Guardians
For failure to make findings of failure to submit 'Good Neighbor' provisions for the 2008 ozone NAAQS.
8/4/2014CAA, Sierra Club, Medical Advocates for Healthy Air, Physicians for Social Responsibility - Los Angeles, WildEarth Guardians, and Center for Biological Diversity
For its failure to perform non-discretionary duties related to the implementation of the 1997 NAAQS for PM2.5 in the San Joaquin Valley, CA and Los Angeles-South Coast Air Basin, CA nonattainment areas.
7/28/2014CAA, Environmental Integrity Project, Sierra Club, and Air Alliance Houston
For failure to grant or deny their petition to object to a title V permit issued to Shell Chemical LP for operation of the Deer Park Chemical Plant in Harris County, Texas.
7/28/2014CAA, Center for Biological Diversity
For failure to take final action on North Carolina's 2008 Lead and Ozone NAAQS.
7/28/2014CAA, Environmental Integrity Project, Sierra Club, and Air Alliance Houston
Failure to timely grant or deny a petition to object to the part 70 operating permit issued to Shell Oil Company for operation of the Deer Park Refinery in Harris County, Texas.
7/15/2014CAA, Bill Green
For failure to respond to two Title V petitions submitted by Bill Green in 2013 and 2014 on renewals of and revisions to the Hanford Title V permit.
6/20/2014CAA, 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.
5/27/2014CWA, Ronald J. Ferguson
Failure to maintain compliance with storm water permit.
5/20/2014CAA, 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.
5/14/2014CAA, Environmental Integrity Project and Sierra Club
Alleging EPA's failure to timely respond to a title V petition regarding Luminant's Monticello Plant, Texas.
5/12/2014CAA, 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.
5/2/2014CAA, Californians Against Waste
Failure to Perform Nondiscretionary Duties Under Section 112(d)(6) and (f) Relating to Municipal Solid Waste Landfills.
4/28/2014CAA, Sierra Club, (Complaint)
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).
4/23/2014CAA, 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.
4/22/2014CAA, State of Wyoming
Failure to Act on Wyoming's 2008 Lead NAAQS State Plan Submission.
3/18/2014CAA, 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)
2/19/2014CAA, 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.
2/19/2014ESA, Center for Biological Diversity
Violations of the Endangered Species Act Related to the New York and New Jersey Area Contingency Plan (Hudson River Oil Spill).
2/10/2014CAA, Sierra Club
Failure to take action on 2010 sulfur dioxide NAAQS infrastructure state implementation plan submittal and failure to make finding of failures to submit.
1/27/2014CAA, Sierra Club
Failure to take action on petition for redesignation of areas that violate 2008 NAAQS for Ozone.
12/23/2013CAA, Wild Equity Institute
Alleging EPA's failure to respond to a title V petition for Gateway Generating Station, Antioch, CA.
12/16/2013CAA, Auto Industry Forum
Failure to promulgate standards under 112(d) for five major source categories.
12/3/2013CAA, State of Wyoming
Failure to act on Wyoming's nonattainment NSR SIP submission.
11/26/2013CAA, Center for Biological Diversity
Failure to make a finding of failure and take final action for 2006 PM2.5 NAAQS nonattainment areas. 
11/1/2013CWA, Idaho Power Company
Notice of Mandatory Duty to Review Site Specific Criteria in Idaho
11/1/2013CWA, ESA, Northwest Environmental Advocates
Alleges further duties under the CWA and ESA respecting Washington Water Quality Standards.
11/1/2013CWA, Northwest Environmental Advocates
Alleges further duties under the CWA relating to Idaho Water Quality Standards.
10/28/2013CAA, Sierra Club, (Complaint)
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.
10/22/2013CAA, Wildearth Guardians, (Complaint)
Alleging EPA's failure to issue or deny a title V permit for Deseret Bonanza Power Plant in Utah.
10/21/2013CAA, Sierra Club, (Complaint)
For failure to promulgate a Federal Implementation Plan for Montanas SIP-approved PSD program to properly regulate nitrogen oxides as an ozone precursor.
10/21/2013CAA, Sierra Club
Failure to meet statutory deadlines to set biomass-based diesel and renewable fuel requirements for 2014 standards.
9/17/2013CAA, California Communities Against Toxics and Sierra Club
Failure to conduct residual risk and technology reviews for 46 source categories
9/4/2013CAA, 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.
8/22/2013CAA, 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.
8/15/2013CAA, BCCA Appeal Group
Failure to promulgate designations of areas for the 1-hour NAAQS for sulfur dioxide.
8/14/2013CWA, South Carolina Coastal Conservation League
For violations in connection with approval of Clydesdale Mitigation Bank.
8/12/2014CAA, 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.
8/8/2013CAA, The State of North Carolina, (Complaint)
Failure to Designate Areas for the 2010 S02 National Ambient Air Quality Standard.
8/8/2013CWA, 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.
8/6/2013CAA, Wildearth Guardians
Failure to find that Colorado, Idaho, Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming have failed to submit SIPs to meet various requirements under the CAA with regards to the 2010 revised NAAQS for nitrogen dioxide.
8/2/2013CAA, The Attorneys General of New York, Connecticut, Maryland, Massachusetts, Oregon, Rhode Island, and Vermont and the Puget Sound Clean Air Agency
Failure to timely review and revise the NSPS for Residential Wood Heaters under the CAA.
8/2/2013CAA, 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.
7/29/2013CWA, The State of Maine
Failure to perform nondiscretionary duties under the Clean Water Act.
7/29/2013CAA, The States of North Dakota, Nevada, South Dakota, and Texas
Failure to designate areas for SO2 NAAQS.
7/23/2013CWA, 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.
7/23/2013CWA, Columbia Riverkeeper, Puget Soundkeeper Alliance, Spokane Riverkeeper, and North Sound Baykeeper
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.
7/22/2013CAA, 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.
7/9/2013CAA, The States of North Dakota, Nevada, South Dakota, and Texas, (Complaint)
Failure to designate areas for SO2 NAAQS.
7/1/2013CAA, Sierra Club and Natural Resources Defense Council
Supplemental notice for failure to designate areas for the 2010 S02 NAAQS.
6/20/2013CWA, 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.
6/19/2013TSCA, 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.
6/10/2013CAA, 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.
6/10/2013ESA, 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.
5/29/2013CAA, 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.
5/13/2013CWA, Northwest Environmental Advocates, Idaho Conservation League
Alleges duties under the CWA and ESA related to Idaho Water Quality Standards.
5/13/2013CWA, West Virginia Coal Association
Alleges failure to approve revisions to West Virginia's NPDES program.
4/30/2013CWA, Idaho Conservation League
Mandatory Duty to Promulgate Human Health Toxics Criteria in Idaho.

 

For a full list of EPA's Notices of Intent to Sue, visit http://www.epa.gov/ogc/noi.html.


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Which Advocacy Groups Use the Sue and Settle Process the Most?