Sue and Settle: Regulating Behind Closed Doors

Click or tap any row to get more details about that case, including links to court documents.

Case Name Case # Court Judge Date Filed Date Settled Agency(ies) Plaintiff(s) Issue What They Got Notice of Proposed Settlement/CD Settlement/CD (entered into by court) Attorney's Fees? Name of Rule Proposed Rule/Preliminary Action Final Rule/Final Action Learn more
American Petroleum Institute v. EPA (petroleum refineries NSPS) 08-1277 United States Court Of Appeals For The District Of Columbia Circuit N/A 8/21/08 12/23/2010 (date is from EPA website) EPA Sierra Club, NRDC, City of New York, Environmental Integrity Project, 12 states Greenhouse gas (GHG) New Source Performance Standards (NSPS) for Petroleum Refineries EPA agreed to issue the first-ever NSPS for GHG emissions from petroleum refineries. 12/30/10 Settlement Agreement, 12/23/10 (See EPA settlement page). This is not the date entered by the court. It is the date that the parties entered into the settlement agreement. This is the latest settlement agreement date identified on the EPA website and on PACER. Unclear GHG NSPS for Refineries N/A N/A
American Lung Association v. EPA (consolidated with New York v. Jackson) 12-00243 (Consolidated with 12-00531) United States District Court For The District Of Columbia (ALA and consolidated case) Robert L. Wilkins

2/10/2012 (NY case)

2/14/2012 (ALA case)

6/15/12 EPA American Lung Association, States of New York, California, Connecticut, Delaware,
Maryland, Massachusetts, New Mexico, Oregon, Rhode Island, Vermont and Washington
National ambient air quality standards (NAAQS) for particulate Matter EPA agreed to sign a final rule addressing the NAAQS for particulate matter. In January 2013, EPA published a final rule making the standard more stringent. 6/26/12 Consent decree entered on 9/4/12 Unclear Particulate Matter 6/29/12 1/15/13
American Nurses Association v. Jackson 08-02198 United States District Court For The District Of Columbia Rosemary M. Collyer 12/18/08 10/22/09 EPA American Nurses Association, Chesapeake Bay Foundation, Conservation Law Foundation, Environment America, Environmental Defense Fund, Izaak Walton League of America, Natural Resources Council of Maine, NRDC, Physicians for Social Responsibility, Sierra Club, Ohio Environmental Council, Waterkeeper Alliance Maximum achievable control technology (MACT) emissions standards for hazardous air pollutants (HAP) from coal- and oil-fired electric utility steam generating units (EGUs) EPA entered into a consent decree requiring the agency to issue MACT standards under Section 112 of the Clean Air Act (CAA) for coal- and oil-fired electric utility steam generating units (known as the "Utility MACT" rule). The rule was finalized in February 2012. 10/28/09 Consent Decree entered 4/15/2010 Yes (undisclosed) Utility MACT Rule 5/3/11 2/16/12
Association of Irritated Residents v. EPA et al (2008 PM 2.5 SIP) 10-03051 United States District Court For The Northern District Of California San Francisco Division William Alsup 7/12/10 11/12/10 EPA Association of Irritated Residents CA state implementation plan (SIP) submission regarding 1997 PM2.5 NAAQS EPA agreed to take final action on the 2008 PM2.5 San Joaquin Valley Unified Air Control District Plan for compliance with 1997 PM2.5 NAAQS. The final action was taken in November 2011. 11/22/10 Consent Decree entered on 1/12/2011 Yes (undisclosed) California; 2008 San Joaquin Valley PM2.5 Plan and 2007 State Strategy 7/13/11 11/9/11
Association of Irritated Residents v. EPA et al (SIP revisions) 09-01890 United States District Court For The Northern District Of California San Francisco Division Claudia Wilken 4/30/09 10/21/09 EPA Association of Irritated Residents CA SIP revision regarding two rules amended by the San Joaquin Valley Unified Air Pollution Control District EPA agreed to take final action on the SIP revision and specifically the two rules amended by the San Joaquin Valley Unified Air Pollution Control District (Rule 2020 "Exemptions" and Rule 2020 "New and Modified Stationary Source Review Rule"). The final action was taken in May 2010. 11/2/09 Consent Decree entered on 12/30/2009 Yes (undisclosed) Revisions to the San Joaquin Valley Unified Air Pollution Control District portion of the California State Implementation Plan: Three amended rules (consent decree involved two of the rules) 1/29/10 5/11/10
Center for Biological Diversity et al v. EPA (kraft pulp NSPS) 11-06059 United States District Court Northern District Of California Yvonne Rogers 12/6/11 8/27/12 EPA CBD, Greenpeace, Port Townsend AirWatchers Kraft pulp NSPS EPA agreed to review and, if applicable, revise the kraft pulp NSPS air quality standards. 9/14/12 Consent Decree entered on 1/2/2013 Yes (undisclosed) Kraft Pulp NSPS N/A N/A
Center for Biological Diversity v. EPA 09-00670 United States District Court For The Western District Of Washington John C. Coughenour 5/14/09 3/10/10 (Settlement agreement parties entered into); 3/11/10 (Notice of voluntary dismissal. Notice discusses settlement agreement) EPA Center for Biological Diversity GHGs and ocean acidification under the Clean Water Act (CWA) In a settlement agreement, EPA agreed to take public comment and begin drafting guidance on how to approach ocean acidification under the CWA. On November 15, 2010, in guidance, EPA urged states to identify waters impaired by ocean acidification under the CWA and urged states to gather data on ocean acidification, develop methods for identifying waters affected by ocean acidification, and create criteria for measuring the impact of acidification on marine ecosystems. 3/22/10 Settlement agreement (Parties entered into the agreement on 3/10/10. Notice of Voluntary Dismissal on 3/11/10) Unclear Guidance on ocean acidificaition under CWA 3/22/2010 (Request for Public Comment) 11/15/2010 (Guidance)
Center for Biological Diversity v. U.S. Department of Agriculture 08-03884 United States District Court For The Northern District Of California San Francisco Division Marilyn H. Patel 8/14/08 12/15/10 Department of Agriculture, U.S. Forest Service Center for Biological Diversity, Los Padres ForestWatch, Sierra Club, Defenders of Wildlife, California Native Plant Society, California Wilderness Coalition, The Wilderness Society Southern California Forest Service Management Plans Conservation groups sued U.S. Forest Service over a forest management plan for four California national forests. The challenged plans designated more than 900,000 roadless acres for possible road building or other development. In 2009, a federal district court agreed with the groups, ruling that the plans violated the National Environmental Policy Act. The parties entered into a settlement agreement that withholds more than 1 million acres of roadless areas from development. Further, the agency allowed the advocacy groups to participate in a collaborative process to, among other things, identify a list of priority roads and trails for decommissioning and/or restoration projects. N/A Settlement Agreement entered on 1/3/2011 Yes ($250,000) Southern California National Forests Land Management Plan Amendment 2/2013 (Southern California National Forests Land Management Plan Amendment) N/A
Center for Biological Diversity v. U.S. Department of the Interior 10-00952 United States District Court For The District Of Columbia Beryl A. Howell 6/7/10 1/14/11 Department of Interior, Department of Agriculture, Bureau of Land Management, U.S. Forest Service Center for Biological Diversity, Western Watersheds Project, WildEarth Guardians, Oregon Natural Desert Association, Great Old Broads for Wilderness Grazing fees on federal lands; environmental groups wanted the fees raised In a settlement agreement, agencies agreed to respond to the plaintiffs' petition by January 18, 2011, and determine whether a National Environmental Policy Act (NEPA) environmental impact statement was required to issue new rules for the fee grazing program. The agencies ultimately declined to revise the rules for the fee grazing program, citing other high-priority efforts that took precedence. N/A Settlement Agreement (Order of Dismissal on 2/23/2011) Yes ($2,000) N/A N/A 1/18/2011 (Letter declining to revise rules)
Coal River Mountain Watch. et al. v. Salazar et al. 08-02212; A related case is National Parks Conservation Association v. Kempthorne: 09-001 15; Settlement agreement: 09-00115 (D.D.C) United States District Court For The District Of Columbia Henry H. Kennedy, Jr. (Settlement Agreement) 12/22/2008 (Coal River); 3/16/2009 (NPCA v. Kempthorne, see settlement agreement) 3/19/10 EPA and Department of Interior Coal River Mountain Watch, Kentucky Waterways Alliance, Ohio Valley Environmental Coalition, Southern Appalachian Mountain Stewards, West Virginia Highlands Conservancy, Waterkeeper Alliance Stream Buffer Zone Rule The 1983 stream buffer rule restricted mining activities from impacting resources within 100 feet of waterways. The Bush administration revised the rule to allow activity inside the buffer if it was deemed impractical for mine operators to comply. Environmental groups want the Obama administration to undo that change and declare that the stream buffer zone rule prohibits "valley fills." Environmental groups sued the Department of the Interior (DOI) in 2008 over the changes. Secretary Salazar tried to revoke the rule in April 2009, but a court held that the Office of Surface Mining Reclamation and Enforcement (OSM) must go through a full rulemaking process. OSM agreed to amend or replace the stream buffer rule. N/A Settlement Agreement, 4/2/10 (Order on Joint Motion of Plaintiffs and Federal Defendants to Hold Judicial
Proceedings in Abeyance. The joint motion included the settlement agreement)
Yes (undisclosed) Stream Buffer Zone Rule N/A N/A
Colorado Citizens Against Toxic Waste, Inc. et al v. Johnson 08-01787 United States District Court For The District Of Colorado Robert Blackburn 8/21/08 9/3/09 EPA Colorado Citizens Against ToxicWaste, Inc, Rocky Mtn Clean Air Action National emission standards for radon emissions from operating mill tailings EPA agreed to review and, if appropriate, revise national emission standards for radon emissions from operating mill tailings. EPA also agreed to certain public participation stipulations. 9/4/09 Settlement Agreement, 9/30/2009 (The case was administratively closed on this date, and in this order, it appears the agreement had not been entered by the court) Yes ($27,427.50) N/A N/A N/A
Colorado Environmental Coalition v. Salazar 09-00085 United States District Court For The District Of Colorado John L. Kane 1/16/09 2/15/11 Department of Interior Biodiversity Conservation Alliance, Center for Biological Diversity, Colorado Environmental Coalition, Defenders of Wildlife, Red Rock Forests, National Wildlife Federation, NRDC, Sierra Club, Southern Utah Wilderness Alliance, Western Colorado Congress, Western Resource Advocates, The Wilderness Society, Wilderness Workshop Bureau of Land Management (BLM) decision to amend resource management plans (RMPs), which opened 2 million acres of federal lands for potential oil shale leasing; plaintiffs alleged failure to comply with NEPA and other statutes BLM agreed to consider amending each of the 2008 RMP decisions. As part of the amendment process, BLM agreed to consider several proposed alternatives, including alternatives that would exclude lands with wilderness characteristics and core or priority habitat for the imperiled sage grouse from commercial oil shale leasing. BLM also agreed to delay any calls for commercial leasing, but retained the right to continue nominating parcels for Research, Development, and Demonstration (RD&D) leases and to convert existing RD&D leases to commercial leases. N/A Settlement Agreement, 2/15/2011 (Order to Administratively Close Case; Executed settlement agreement submitted with joint motion to close case) No N/A N/A N/A
Comite Civico del Valle, Inc. v. Jackson et al (CA SIP) 10-00946 United States District Court For The Northern District Of California San Francisco Division Phyllis Hamilton 3/5/10 6/11/10 EPA Comite Civico Del Valle CA SIP regarding measures to control particulate matter emissions from beef feedlot operations within the Imperial Valley EPA agreed to take final action on the SIP revision regarding particulate matter emissions from beef feedlot operations within the Imperial Valley. The final rule was published on November 10, 2010. 6/2/10 Consent Decree entered on 8/31/2010 Yes (undisclosed) Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District regarding PM emissions from beef feedlots 5/19/10 11/10/10
Comite Civico del Valle, Inc. v. Jackson et al (Imperial County 1) 09-04095 United States District Court For The Northern District Of California San Francisco Division Phyllis Hamilton 9/3/09 11/10/09 EPA Comite Civico Del Valle CA SIP revision regarding Imperial County Air Pollution Control District Rules 800-806 (addressing PM10) EPA agreed to take final action on the Imperial County Air Pollution Control District's Rules 800-806 (addressing PM10) that revise the CA SIP. A proposed rule was published on January 7, 2013. 11/30/09 Consent Decree entered on 1/29/2010 Yes (undisclosed) Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District regarding PM10 1/7/13 N/A
Comite Civico del Valle, Inc. v. Jackson et al (Imperial County 2) 10-02859 United States District Court For The Northern District Of California San Francisco Division Phyllis Hamilton 6/29/10 10/12/10 EPA Comite Civico Del Valle CA SIP revision regarding Imperial County Air Pollution Control District Rules 201, 202, and 217 EPA agreed to take final action on Imperial County Air Pollution Control District Rules 201, 202, and 217 that revise the CA SIP. 11/3/10 Consent Decree entered on 12/13/2010 Yes (undisclosed) Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District regarding New Source Review (NSR) permitting requirements and exemptions for various air pollution sources. 2/9/11 5/9/11
Defenders of Wildlife v. Jackson 10-01915 United States District Court For The District Of Columbia Richard W. Roberts 11/8/10

Consent Decree (3/18)

Consent Decree Extension 2

Consent Decree Extension 3

Opinion Memorandum

EPA Defenders of Wildlife, Sierra Club Effluent Limitation Guidelines for Steam Electric Power Generating Point Source EPA agreed to sign a notice of proposed rulemaking regarding revisions to the effluent guidelines for steam electric power plants, followed by a final rule. In this case, the advocacy group's complaint was filed on the same day that the parties moved to enter the consent decree. N/A Consent decree entered on 3/18/12 Yes ($40,000) Steam Electric Power Effluent Limitations N/A N/A
El Comite Para El Bienestar De Earlimart et al v. EPA et al 11-03779 United States District Court For The Northern District Of California San Francisco Division William Alsup 8/1/11 11/14/11 EPA El Comit[eacute] para el Bienestar de Earlimart, Association of Irritated Residents CA SIP submission regarding fumigant rules in San Joaquin Valley EPA agreed to take final actions on the Pesticide Element SIP Submittal and the Fumigant Rules Submittal. A final rule was published on October 26, 2012. 12/2/11 Consent Decree entered on 1/24/2012 Yes (undisclosed) Revisions to the California State Implementation Plan Pesticide Element 4/24/12 10/26/12
Environmental Defense Fund v. Jackson 11-04492 United States District Court For The Southern District Of New York Richard M. Berman 6/30/11 7/6/12 EPA Environmental Defense Fund NSPS for municipal solid waste landfills EPA agreed to review and, if applicable, revise the NSPS for municipal solid waste landfills. 7/19/12 Consent Decree entered on 9/28/2012 Unclear N/A N/A N/A
Florida Wildlife Federation v. Jackson 08-00324 United States District Court For The Northern District Of Florida Robert L. Hinkle 7/17/08 8/25/09 EPA Florida Wildlife Federation, Sierra Club, St. Johns Riverkeeper, Conservancy of Southwest Florida, and Environmental Confederation of Southwest Florida Numeric nutrient criteria for waters in FL Environmental groups sued EPA in July 2008 to develop numeric nutrient criteria for FL. EPA entered into a consent decree with the plaintiffs in 2009. As part of the consent decree, EPA agreed to issue limits in phases. Limits for FL's inland water bodies outside South FL were finalized on December 6, 2010; the limits for estuaries and coastal waters, and South FL's inland flowing waters were proposed on December 18, 2012. Final rules, by consent decree, are required by September 30, 2013. N/A Consent Decree entered on 12/30/2009 Yes (undisclosed) Numeric Nutrient Water Quality Criteria for Florida Inland Waters (outside South Florida) and Numeric Nutrient Water Quality Criteria for Florida Coastal Waters and South Florida Inland Waters

1/26/2010 (Inland Rule)

12/18/2012 (Coastal Rule)

12/6/2010 (Inland Rule)
Fowler v. EPA 09-00005 United States District Court For The District Of Columbia Colleen Kollar-Kotelly 1/5/09 5/10/10 EPA C. Bernard Fowler, Harry R. hughes, W. Tayloe Murphy, Jr., Anthony A. Williams, Chesapeake Bay Foundation, Maryland Saltwater Sportsfishermen Association, Maryland Waterman's Association, Virginia State Waterman's Association CWA regulatory regime for Chesapeake Bay EPA agreed to establish a Total Maximum Daily Load for the Chesapeake Bay. The settlement requires EPA to develop changes to its storm water program affecting the Bay. N/A Settlement Agreement, 5/19/10 (Motion to Dismiss on this date); Court considered settlement agreement when issuing order Unclear Stormwater Regulations N/A N/A
Friends of Animals v. Salazar 10-00357 United States District Court For The District Of Columbia Rosemary M. Collyer 3/2/10 7/21/10 Department of Interior Friends of Animals, WildEarth Guardians DOI non-action on plaintiff's petitions to list 12 species of parrots, macaws, and cockatoos as endangered or threatened under the Endangered Species Act DOI agreed to issue 12-month findings on the 12 species contained in the petition. N/A Settlement Agreement entered on 7/21/2010 Yes ($7,048.50) 12-Month Finding on a Petition to list species of parrots, macaws and cockatoos as endangered or threatened under the Endangered Species Act

8/9/2011 (Four Foreign Parrot Species)

10/11/2011 (Yellow-Billed Parrot)

3/12/2013 (Yellow-Billed Parrot)
In re Endangered Species Act Section 4 Deadline Litigation (This case relates to Center for Biological Diversity v. Salazar, 10-0230 and 12 different WildEarth Guardians complaints) 10-00377 United States District Court For The District Of Columbia Emmett G. Sullivan 12/23/2009 (First case in a series of cases that make up this suit, 09-2990, D. Colo.; Case is identified in the settlement agreement)

5/10/2011 (Wildlife Guardians)

7/12/2011 (CBD)

Department of Interior Center for Biological Diversity and WildEarth Guardians WildEarth Guardians cases: 12 lawsuits seeking to designate 251 species as threatened or endangered under the ESA. CBD case: Seeking 90-day findings for 32 species of Pacific Northwest mollusks, 42 species of Great Basin springsnails, and 403 southeast aquatic species WildEarth: U.S. Forest Service agreed to make a final determination on ESA status for 251 candidate species on or before September 2016. CBD: FWS agreed to make requested findings no later than the end of 2011 (this covers 32 species of Pacific Northwest mollusks, 42 species of Great Basin springsnails, and the 403 southeast aquatic species). Note: There are additional actions required for both settlements. N/A

Wildlife Guardians Settlement Agreement entered on 9/9/2011;

CBD Settlement Agreement entered on 9/9/2011

Yes (undisclosed) N/A N/A N/A
Kentucky Environmental Foundation v. Jackson (Huntington-Ashland SIP) 10-01814 United States District Court For The District Of Columbia Paul L Friedman 10/22/10 8/4/11 EPA Kentucky Environmental Foundation KY SIP revision addressing 1997 PM 2.5 NAAQS EPA agreed to take final action on the Kentucky SIP addressing 1997 PM 2.5 NAAQS for the Huntington-Ashland area. The final rule was published in April 2012. 7/29/2011 (This date is before the date settled because the notice of lodging of the proposed consent decree, which was used to determine date settled, occurred after the notice of proposed consent decree was published). Consent Decree entered on 9/20/2011 Unclear Attainment Plan for the Kentucky Portion of the Huntington-Ashland 1997 Annual PM 2.5 Nonattainment Area 1/30/12 4/11/12
Kentucky Environmental Foundation v. Jackson (Louisville SIP) 11-01253 United States District Court For The District Of Columbia Richard J Leon 7/8/11 2/27/12 EPA Kentucky Environmental Foundation KY SIP regarding 1997 PM 2.5 NAAQS EPA had already taken actions by the time the agreement was made. EPA did agree to take final action on the PM 2.5 emissions inventory for the Louisville SIP. 3/13/12

Consent Decree

Order 5/7/2012

Unclear Approval and Promulgation of Implementation Plans; Kentucky; Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory 5/25/12 8/2/12
Louisiana Environmental Action Network v. Jackson 09-01333 United States District Court For The District Of Columbia Rosemary M. Collyer 7/17/09 11/23/10 EPA Louisiana Environmental Action Network LA SIP for 1997 ozone NAAQS LEAN brought the case to compel EPA to take action on ozone standards in the Baton Rouge area. As part of the settlement, LEAN agreed to ask the court to hold the litigation in abeyance and EPA agreed to take action if the Baton Rouge area does not come into attainment. 12/6/10 Settlement Agreement, 11/23/2010 (Joint Motion to hold in Abeyance) No N/A N/A N/A
Mossville Environmental Action NOW v. Jackson 08-01803 United States District Court For The District Of Columbia John D. Bates 10/22/08 10/30/09 EPA Mossville Environmental Action NOW, Louisiana Environmental Action Network, Sierra Club New MACT standards for PVC manufacturers Environmental groups previously litigated and won a decision overturning EPA's 2002 decision not to make the MACT standards for PVC makers more stringent. Environmental groups brought this case in 2008 to compel EPA to set new MACT standards. In 2009, there was a settlement agreement between EPA and the plaintiffs. The agreement called upon EPA to finalize the new MACT standards. EPA issued a final rule in April 2012. 11/16/09 Settlement Agreement (There was an unopposed motion to dismiss on 2/16/10) No National Emission Standards for Hazardous Air Pollutants For Polyvinyl Chloride and Copolymers (PVC) Production
5/20/11 4/17/12
National Parks Convservation Association v. Jackson (Regional haze FIPS and SIPs) 11-01548 United States District Court For The District Of Columbia Amy Berman Jackson 8/29/11 11/9/11 EPA National Parks Conservation Association, Montana Environmental Information Center, Grand Canyon Trust, San Juan Citizens Alliance, Our Children's Earth Foundation, Plains Justice, Powder River Basin Resource Council, Sierra Club, Environmental Defense Fund Regional haze FIPs and SIPs EPA agreed to deadlines to promulgate proposed and final regional haze FIPs and/or SIPs (or partial FIPs and SIPs). 8/6/12

Order - 3/30/12

Consent decree

Yes Regional haze FIPs and SIPs N/A N/A
Natural Resources Defense Council et al. v EPA 09-60510 5th Circuit N/A 7/7/2009 (Petition for Review) 5/25/10 EPA NRDC, Sierra Club, WaterKeeper Alliance Reporting requirements for concentrated animal feeding operations (CAFOs) EPA agreed to create publicly available guidance to assist in the implementation of NPDES permit regulations and Effluent Limitation Guidelines and Standards for CAFOs. The agency also agreed to publish a proposed rule regarding reporting requirements for CAFOs. A proposed rule was published in October 2011 and later withdrawn in July 2012. N/A 5/25/2010 (This date is based on when DOJ signed the settlement agreement) Yes ($95,000) National Pollutant Discharge Elimination System (NPDES) Concentrated Animal Feeding Operation (CAFO) Reporting Rule 10/21/11 7/20/2012 (Withdrew proposed rule)
Natural Resources Defense Council v. EPA 06-0820 2nd Circuit N/A 2/23/2006 (see brief for when petition was filed, p. 2)

6/17/2010 (see EarthJustice press release)

11/3/10 (Settlement agreement

Proposed rule

EPA NRDC, AFL-CIO, Farm Labor Organizing Committee, Migrant Clinicians Network, Pesticide Action Network North America, United Farm Workers, Northwest Treeplanters and Farmworkers United, Physicians for Social Responsibility Pesticide human testing consent rule A 2006 human-testing rule required subjects of paid pesticide experiments to provide "legally effective informed consent." Environmental groups challenged the rule. A June 2010 settlement required EPA to propose amendments to the rule to make it stricter. The settlement required EPA to incorporate specific language in the rule. The new rules were proposed on February 2, 2011. The final rule was published on February 14, 2013 and includes the negotiated language. N/A Settlement Agreement, Finalized on 11/3/10 (see proposed rule) Yes ($135,000) Pesticide Human Testing Consent Rule 2/2/11 2/14/13
Natural Resources Defense Council v. EPA (California SIP) 10-06029 United States District Court For The Central District Of California Margaret M. Morrow 8/12/10 12/13/10 EPA NRDC, Coalition for a Safe Environment CA SIP submission for 1997 ozone and PM 2.5 NAAQS EPA agreed to take action on SIPs as they apply to PM 2.5 and ozone for California’s South Coast Air Basin. 12/23/10 Consent Decree entered on 2/08/2011 Yes ($21,000) Finding of Substantial Inadequacy of Implementation Plan; Call for California State Implementation Plan Revision; South Coast 12/19/12 N/A
Natural Resources Defense Council v. Salazar 10-00299 United States District Court For The District Of Columbia Rosemary M. Collyer 2/24/10 6/18/10 Fish and Wildlife Service; Department of Interior NRDC Listing of whitebark pine tree as an endangered species under the Endangered Species Act as a result of climate change On July 19, 2011, FWS found that the whitebark pine tree should be listed as threatened or endangered under the ESA as a result of climate change. It was the first time the federal government has declared a widespread tree species in danger of extinction because of climate change. N/A Settlement agreement entered on 6/18/10 Yes ($4,800) Listing of Whitebark Pine Tree 7/19/2011 (Notice of 12-month petition finding) N/A
New York v. EPA (power plants) 06-1322 United States Court Of Appeals For The District Of Columbia Circuit N/A 9/13/06 12/23/2010 (see EPA settlement page) EPA Environmental Defense Fund, Sierra Club, NRDC, City of New York; 12 states GHG NSPS for Power Plants On April 13, 2012, EPA proposed the first-ever NSPS for GHG emissions from new coal- and oil-fired power plants. This came about as a result of a settlement of a 2006 lawsuit challenging power plant NSPS. 12/30/10 3/2/2011 (This date is taken from a modification to the settlement agreement that indicates that the settlement agreement became final on this date—see page 1 of the modification document) Unclear GHG NSPS for Power Plants 4/13/12 N/A
Northwoods Wilderness Recovery v. Kempthorne 08-01407 United States District Court For The Northern District Of Illinois Blanche M. Manning 3/10/08 1/13/09 Fish and Wildlife Service; Department of Interior Northwoods Wilderness Recovery, NRDC, Michigan Nature Association, Habitat Education Center, Door County Environmental Council, Center for Biological Diversity FWS's exclusion of 13,000 acres of national forest land in Michigan and Missouri from the final “critical habitat” designation for the Hine’s emerald dragonfly under the Endangered Species Act The Fish and Wildlife Service agreed to a remand without vacatur of the critical habitat designation in order to reconsider the federal exclusions from the designation of critical habitat for the Hine’s emerald dragonfly. FWS doubled the size of the critical habitat from 13,000 acres to more than 26,000. The final rule was published in April 2010. N/A Settlement Agreement entered on 2/12/2009 Yes ($30,000) Hine’s Emerald Dragonfly Critical Habitat Rule 4/22/09 4/23/10
Portland Cement Assn. v. EPA 07-1046 United States Court Of Appeals For The District Of Columbia Circuit N/A 2/16/07 1/6/2009 (This date is based on when DOJ signed the settlement agreement) EPA Sierra Club, Desert Citizens Against Pollution, Downwinders At Risk, Friends of Hudson, Huron Environmental Activist League, Montanans Against Toxic Burning MACT standards for Cement Kilns EPA settled a lawsuit seeking to force the agency to control mercury emissions from cement kilns. The settlement was between EPA and numerous petitioners that challenged the 2006 cement MACT rule. The petitioners included environmental groups, states, and the cement industry. The final cement MACT rule was published in the Federal Register on September 9, 2010; environmental groups and cement industry petitioned for reconsideration of the 2010 rule. EPA denied in part and amended in part the petitions to reconsider. EPA published a new final rule on February 12, 2013. The reconsidered rule relaxed some aspects of the 2010 rule, and allowed cement companies more time to comply. 1/26/09 Settlement Agreement for 2010 rule, 1/6/2009 (This date is based on when DOJ signed the settlement agreement) Unclear Portland Cement Rule (Cement MACT)

5/6/09 (Initial Proposed Rule)

5/17/11 (Notice on Petitions to Reconsider)

7/18/2012 (New Proposed Rule)

9/9/2010 (Initial Final Rule)

2/12/2013 (New Final Rule)

Riverkeeper v. EPA 06-12987 United States District Court For The Southern District Of New York P. Kevin Castel 11/7/06 11/22/10 EPA Riverkeeper, Soundkeeper, Raritan Baykeeper, Delaware Riverkeeper Network, American Littoral Society, Save the Bay, Friends of Casco Bay, Santa Monica Baykeeper CWA 316(b) standards on Cooling Water Intake Structures The EPA agreed to propose and finalize a rule regulating cooling water intake structures under 316(b), and to consider the feasibility of more stringent technical controls. N/A Settlement Agreement (Court was informed that on 11/22/2010 parties executed Settlement Agreement. On 12/7/2010, Court issued order dismissing the Complaint) Yes ($306,354) Cooling Water Intake Structures 4/20/11 N/A
Sierra Club et al v. Jackson (ozone NC, NV, ND, HI, OK, AK, ID, OR, WA, MD, VA, TN, AR, AZ, FL, and GA) 10-04060 United States District Court For The Northern District Of California San Francisco Division Elizabeth Laporte 9/9/10 8/12/2011 (Date that court ordered Joint Motion to Stay All Deadlines. This motion was filed with the Notice of Proposed Settlement) EPA Sierra Club, WildEarth Guardians Action on 1997 ozone NAAQS revisions for NC, NV, ND, HI, OK, AK, ID, OR, WA, MD, VA, TN, AR, AZ, FL, and GA EPA agreed to take final action on 1997 Ozone NAAQS revision for NC, NV, ND, HI, OK, AK, ID, OR, WA, MD, VA, TN, AR, AZ, FL, and GA. 9/1/11 Settlement Agreement, 8/12/2011 (Joint Motion to Stay) Yes (undisclosed) State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction 2/22/13 N/A
Sierra Club et al v. Jackson et al (CA RACT SIP) 11-03106 United States District Court Northern District Of California San Francisco/Oakland Division Dona Ryu 6/23/11 1/6/12 EPA Sierra Club, Medical Advocates for Healthy Air CA SIP submissions regarding reasonably available control technology demonstration EPA agreed to take final action on the CA RACT SIP. 1/27/12 Consent Decree entered on 3/26/2012 Yes (undisclosed) Revisions to the California State Implementation Plan, San Joaquin Valley United Air Pollution Control District (SJVUAPCD) and South Coast Air Quality Management District (SCAQMD) 6/21/12 11/29/12
Sierra Club et al v. Jackson et al (San Joaquin Valley) 10-01954 United States District Court Northern District Of California San Francisco/Oakland Division Charles Breyer 5/6/10 11/8/10 EPA Sierra Club, Medical Advocates for Healthy Air CA SIP submission for 1997 ozone NAAQS EPA agreed to take final action on the 8-hour ozone plan submitted by the San Joaquin Valley Air Pollution Control District, the purpose of which is to achieve progress toward attainment of 1997 ozone NAAQS. A final rule was published on March 1, 2012. 11/22/10 Consent Decree entered on 1/11/2011 Yes (undisclosed) Approval of Air Quality Implementation Plans; California; San Joaquin Valley; Attainment Plan for 1997 8-Hour Ozone Standards 9/16/11 3/1/12
Sierra Club et. al. v EPA (lead case) 08-1258 United States Court Of Appeals For The District Of Columbia Circuit N/A 7/31/08 8/24/2009 (See also the amended settlement agreement referring to this date) EPA Sierra Club, Center for Environmental Health, Linda Kite, New York Coalition to End Lead Poisoning, Northern Manhattan Improvement Corporation, New York Public Interest Research Group, and Make the Road New York Lead; Renovation, Repair, and Painting Program In 2008, numerous environmental groups commenced lawsuits against EPA to challenge the Lead Renovation, Repair, and Painting Program Rule, and these suits were consolidated in the DC Circuit Court of Appeals. As part of this settlement agreement, EPA agreed to propose significant and specific changes to the rule that were outlined in the settlement agreement. Significantly, EPA agreed to drop an "opt-out" provision that would allow millions of homes without children or pregnant comen to waive the lead restrictions. N/A Settlement Agreement 8/24/2009 (This is the date that it was "effective" according to the first Amendment to Settlement Agreement.) Yes (undisclosed) Lead Renovation, Repair, and Painting Program Rule 12/31/2012 (Request for Information and Advanced Notice of Meeting) N/A
Sierra Club filed a notice of intent to file a lawsuit N/A N/A N/A 3/2/2011 (This links to the Settlement Agreement which states the Notice of Intent date) 12/19/11 EPA Sierra Club Attainment determinations for 1997 ozone NAAQS for areas in NY, NJ, CT, MA, IL, MO and other areas EPA agreed to make attainment determinations for 1997 ozone NAAQS for areas in NY, NJ, CT, MA, IL, and MO. The "other areas" were not included because EPA and plaintiffs agreed that EPA had already addressed the issues for those areas. 12/29/11 Settlement Agreement, 12/19/11 (This was not entered into by a court—there was no lawsuit. The 12/1911 date is based on when the parties entered into an agreement) N/A Attainment determinations for 1997 ozone NAAQS for areas in NY, NJ, CT, MA, IL, and MO and other areas

1/25/2012 (Proposed Rule NY-NJ-LI)

1/24/2012 (Proposed Rule Springfield Western Massachusetts)

3/13/2012 (Proposed Rule Eastern Massachusetts)

6/18/2012 (Final Rule NY-NJ-LI)

4/30/2012 (Final Rule Springfield Western Massachusetts)

5/29/2012 (Final Rule Eastern Mass)

Sierra Club v. EPA (Nitric Acid) 09-00218 United States District Court For The District Of Columbia Emmett G. Sullivan 2/4/09 11/3/09 EPA Sierra Club, Environmental Integrity Project Nitric acid plants NSPS EPA agreed to review NSPS for nitric acid plants. As a result of this review, EPA proposed NSPS for nitric acid plants in October 2011. The final rule was published in August 2012. 11/16/09 Consent Decree entered on 2/5/10 Yes (undisclosed) New Source Performance Standards Review for Nitric Acid Plants 10/14/11 8/14/12
Sierra Club v. EPA et al (clay ceramics) 08-00424 United States District Court For The District Of Columbia Richard W. Roberts 3/11/08 11/20/12 EPA Sierra Club Brick MACT EPA agreed to issue final rules setting MACT standards for brick and structural clay products manufacturing facilities located at major sources and clay ceramics manufacturing facilities located at major sources. 12/7/12 Unopposed motion to stay this matter to renegotiate provisions in proposed lodged consent decree until April 12, 2013 (not entered yet). This document was filed on 3/12/13 (and PACER confirms this date). Yes (undisclosed) MACT standards for brick and structural clay products manufacturing facilities located at major sources and clay ceramics manufacturing facilities located at major sources N/A N/A
Sierra Club v. EPA et al (TX ozone PM SIP) 10-01541 United States District Court For The District Of Columbia Colleen Kollar-Kotelly 9/14/10 9/13/11 EPA Sierra Club TX SIP submission regarding 1997 ozone and PM 2.5 NAAQS EPA agreed to take final action on certain infrastructure components of TX SIP submissions for 1997 ozone and PM 2.5 NAAQS. 9/22/11 Partial Consent Decree entered on 11/28/2011 Unclear Approval and Disapproval and Promulgation of Implementation Plans: Texas; Infrastructure and Interstate Transport Requirements for the 1997 Ozone and the 1997 and 2006 PM 2.5 NAAQS 9/22/2011 (Texas) 12/28/2011 (Texas)
Sierra Club v. Jackson (21 states) 10-00133 United States District Court For The District Of Columbia Paul L. Friedman 1/22/10 4/29/2010 (EPA lodged consent decree with court on this date) EPA Sierra Club, WildEarth Guardians 21 states' SIPs submissions for 1997 ozone NAAQS EPA agreed to approve or disapprove the 1997 8-hour ozone NAAQS Infrastructure SIPs for ME, RI, CT, NH, AL, KY, MS, SC, WI, IN, MI, OH, LA, KS, NE, MO, CO, MT, SD, UT, and WY. 5/6/10 Consent Decree entered on 7/14/10 Yes (undisclosed) N/A N/A N/A
Sierra Club v. Jackson (28 different MACT) 09-00152 United States District Court Northern District Of California Oakland Division Saundra Brown Armstrong 1/13/09 7/6/10 EPA Sierra Club MACT standards for 28 industry source categories Sierra Club sued EPA on January 13, 2009—seven days prior to the change in administration—to review and revise CAA MACT standards for 28 different categories of industrial facilities, including wood furniture manufacturing, Portland Cement, pesticides, lead smelting, secondary aluminum, pharmaceuticals, shipbuilding, and aerospace manufacturing. On July 6, 2010, EPA lodged a consent decree that required EPA to revise MACT standards for all 28 categories. 7/14/10 Consent decree (Motion to Enter CD, 9/27/10) Yes (undisclosed) MACT standards for 28 different categories See Final Rule Cell MACT standards for: 1) Wood Furniture and Ship Building and Ship Repair (Proposed 12/21/2010, Final 11/21/2011); 2) Group I Polymers and Resins, Marine Tank Vessel Loading Operations, Pharmaceuticals Production, Printing and Publishing Industry (Proposed 10/21/2010),
Sierra Club v. Jackson (AL and GA SIPs) 11-02000 United States District Court For The District Of Columbia Rosemary Collyer 11/10/11 7/20/12 EPA Sierra Club AL SIP submission for 1997 PM 2.5 NAAQS and GA SP submission for 1997 ozone NAAQS EPA agreed to take final action on "numerous SIP submittals" by AL for the 1997 PM 2.5 NAAQS and GA for the 1997 8-hour ozone NAAQS. 8/1/12 Consent Decree entered on 9/13/2012 Unclear Alabama SIP for PM 2.5 NAAQS and on Georgia SIP for ozone NAAQS N/A

9/28/2012 (Final Rule Georgia)

10/5/2012 (Final Rule Alabama)

Sierra Club v. Jackson (AR Regional Haze) 10-02112 United States District Court For The District Of Columbia James E. Boasberg 12/13/10 8/3/11 EPA Sierra Club AR Regional Haze SIP EPA agreed to sign a notice of final rulemaking to approve or disapprove the AR Regional Haze SIP. 8/17/11 Consent decree entered on 10/3/11 Yes Arkansas regional haze SIP 10/17/11 3/12/12
Sierra Club v. Jackson (Boiler MACT and RICE rule) 01-01537 United States District Court For The District Of Columbia Paul L. Friedman 7/16/2001 (See order supporting date as well). This suit applies to both rules.

5/22/03 (RICE and Boiler MACT consent decree)

11/15/07 (RICE amendment to change deadlines

11/9/09 (RICE amendment to change deadlines

2/10/10 (RICE third modification to the deadline)

EPA Sierra Club MACT standards for boilers and stationary reciprocating internal combustion engines (RICE) In 2003, EPA and Sierra Club entered into a consent decree that required MACT standards for boilers and RICE. There were other MACT standards requirements as well. For Boiler MACT: The rule history is extremely complicated. In 2006, the DC District court issued an order detailing a schedule. EPA and Sierra Club both agreed multiple times to extend the deadline to finalize rules. However, Sierra Club opposed EPA's motion to extend a January 16, 2011 deadline that was established in a September 20, 2010, order, from January 16, 2011 to April 13, 2012. EPA realized that it needed much more time for the final rules. Judge Paul Friedman of the DC District Court decided that enough was enough and gave EPA only one month to issue the rules. EPA did in fact issue the rule on March 21, 2011, and that same day published a notice of reconsideration. The final rules based on the reconsideration were published on January 31, 2013, and February 1, 2013. For the RICE rule: In 2007, 2009, and 2010, EPA and Sierra Club modified the deadline dates for final action as required in the decree. EPA agreed to take additional comment on the RICE rule in June and October 2012, and published the final RICE rule in January 2013. N/A Consent Decree (initial consent decree entered on 5/22/03) Unclear MACT standards for boilers and stationary
reciprocating internal combustion engines (RICE)

3/21/2011 (Boiler MACT Rule Notice of Reconsideration)

3/5/09 RICE Proposed Rules)

6/7/12 (RICE Proposed Rules)

3/21/2011

1/31/2013

2/1/2013 (Boiler MACT Final Rules)

3/3/2010

1/30/2013 (RICE Final Rules)

Sierra Club v. Jackson (DSW Rule) 09-1041 (Consolidated with 09-1038) United States Court Of Appeals For The District Of Columbia Circuit N/A 1/28/2009 (See settlement agreement, p. 2 9/7/2010 (See also proposed rule that says this date, pp. 44, 102) EPA Sierra Club Revisions to the Definition of Solid Waste under RCRA Sierra Club challenged the 2008 "Definition of Solid Waste" rule, which established requirements for recycling hazardous secondary materials. To settle the lawsuit, EPA agreed it would review and reconsider the rule. In July 2011, EPA published a proposed rule, significantly tightening the types of materials that can be recycled under RCRA. N/A Settlement Agreement, 1/11/2011 (This date is when the court granted motion to sever and hold the case in abeyance) Unclear Definition of Solid Waste 7/22/11 N/A
Sierra Club v. Jackson (Houston-Galveston-Brazoria) 12-00012 United States District Court For The District Of Columbia Robert L. Wilkins 1/4/12 6/21/12 EPA Sierra Club TX SIP submission for 1997 ozone NAAQS EPA agreed to take final action on the SIP for the Houston-Galveston-Brazoria 1997 8-hour ozone nonattainment areas. 7/3/12 Consent Decree entered on 8/14/2012 Unclear Approval and Promulgation of Implementation Plans: Texas; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard 9/19/12 4/2/2013 (Proposed publication date)
Sierra Club v. Jackson (Kentucky Regional Haze) 10-00889 United States District Court For The District Of Columbia Colleen Kollar-Kotelly 5/26/10 10/29/10 EPA Sierra Club, Kentucky Environmental Foundation KY SIP submissions for 1997 ozone NAAQS and Regional Haze EPA agreed to the following: By April 15, 2011, EPA would take final action on ozone SIP submittals for various Kentucky ozone maintenance areas; by March 15, 2012, EPA would take final action on KY's Regional Haze SIP. 11/30/10 Consent Decree entered on 1/14/11 Yes (undisclosed) Kentucky Regional Haze Plan 12/16/11

3/30/2012 (Final Rule)

5/11/2012 (Final Rule corrected)

Sierra Club v. Jackson (MA, CT, NJ, NY, PA. MD, and DE SIPs) 11-02180 United States District Court For The District Of Columbia Reggie Walton 12/7/11 7/23/12 EPA Sierra Club SIP submissions for certain NAAQS by MA, CT, NJ, NY, PA, MD, and DE EPA agreed to take final actions on SIPs for certain NAAQS for MA, CT, NJ, NY, PA, MD, and DE. 8/6/12 Consent Decree, 7/23/2012 (According to the Second Amended Consent Motion to Approve Consent Decree that was filed on 3/26/13, the Court had not yet entered this consent decree) Yes (undisclosed) N/A N/A N/A
Sierra Club v. Jackson (ME, MO, IL, and WI SIPs) 11-00035 United States District Court For The District Of Columbia Gladys Kessler 1/3/11 11/30/11 EPA Sierra Club SIP submissions for 1997 ozone NAAQS by ME, MO, IL, and WI EPA agreed to take final action on the SIPs for certain areas of IL, ME, and MO. Wisconsin was not included because the issue was already resolved. 12/12/11 Consent Decree entered on 2/8/2012 Unclear SIPs for certain areas of IL, ME, and MO 3/15/12

1/23/2012 (Final Rule Missouri)

5/22/2012 (Final Rule Maine)

6/12/2012 (Final Rule Illinois)

Sierra Club v. Jackson (NC and SC SIPs) 12-00013 United States District Court For The District Of Columbia Richard W. Roberts 1/4/12 6/28/12 EPA Sierra Club NC and SC SIP submissions regarding 1997 ozone NAAQS EPA agreed to take final actions on North Carolina and South Carolina SIPs for Charlotte-Gastonia-Rock Hill. 7/12/12 Consent Decree entered on 9/27/2012 Unclear North Carolina and South Carolina SIPs for Charlotte-Gastonia-Rock Hill 10/12/2012 (NC) 10/12/2012 (NC Direct Final Rule)
Sierra Club v. Jackson (OK SIP) 12-00705 United States District Court For The District Of Columbia Colleen Kollar-Kotelly 5/2/12 10/15/12 EPA Sierra Club OK SIP revision regarding excess emissions EPA agreed to ake final action on a revision to the OK SIP regarding excess emissions. 10/30/12 Consent Decree entered on 12/19/2012 Unclear Oklahoma SIP N/A N/A
Sierra Club v. Jackson (ozone TX, CT, MD, NY, NJ, MA, and NH) 11-00100 United States District Court For The District Of Columbia John Bates 1/13/11 9/12/11 EPA Sierra Club Attainment determinations for 1-hour ozone for areas in TX, CT, MD, NY, NJ, MA, and NH EPA agreed to make attainment determinations for 1 hour ozone for areas in TX, CT, MD, NY, NJ, MA, and NH. 9/21/11 Settlement Agreement, 9/12/2011 (It does not appear from the case documents in PACER that the court entered this agreement—the 9/12/11 date is the date the parties entered into the settlement agreement) Unclear Attainment determinations for 1 hour ozone for areas in TX, CT, MD, NY, NJ, MA, and NH

9/1/2011 (Proposed Rule Baltimore, MD)

6/1/2010 (Proposed Rule Greater Connecticut)

2/1/2012 (Final Rule Baltimore, MD)

8/31/2010 (Final Rule Greater CT)

WildEarth Guardians et al v. Jackson (ozone AZ, NV, PA, and TN) 10-04603 United States District Court Northern District Of California William Alsup 10/12/10 3/23/2011 (Date found in the notice of proposed settlement) EPA Wild EarthGuardians, Elizabeth Crowe Nonattainment of 1997 ozone NAAQS for areas in AZ, NV, PA, and TN EPA agreed to set a deadline for issuing findings of failure to submit SIPs for the 1997 ozone NAAQS for areas in NV and PA. Other actions addressed concerns in two other states. 3/29/11 Settlement Agreement 3/23/2011 Yes ($20,000) 1997 ozone NAAQS for areas in NV and PA

3/29/2011 (Proposed Rule Nevada)

2/7/2011 (Proposed Rule Pittsburgh-Beaver Valley)

3/29/2011 (Final Rule Nevada)

5/31/2011 (Final Rule Pittsburgh-Beaver Valley)

WildEarth Guardians v. Jackson (2008 ozone NAAQS) 11-01661 United States District Court For The District Of Arizona Roslyn O Silver 8/24/11 12/12/11 EPA WildEarth Guardians Area designations for 2008 ground level ozone NAAQS EPA agreed to sign for publication in the Federal Register a notice of the Agency’s promulgation of area designations for the 2008 ground-level ozone NAAQS. 12/21/11 Consent Decree entered on 3/26/2012 Yes ($3,600) Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards N/A 5/21/12
WildEarth Guardians v. Jackson (2nd suit for Phoenix) 11-02205 United States District Court For The Northern District Of California Susan Illston 5/5/11 6/7/11 EPA WildEarth Guardians, Elizabeth Crowe AZ SIP submission for 1997 ozone NAAQS EPA agreed to take action on AZ SIP submission pertaining to Phoenix-Mesa's plan to achieve progress toward attainment of 1997 ozone NAAQS. EPA issued a final rule on June 13, 2012. 6/15/11 Consent Decree entered on 8/10/2011 Yes (undisclosed) State implementation plan (SIP) revision submitted by the State of Arizona to demonstrate attainment of the 1997 8-hour ozone national ambient air quality standards (NAAQS) in the Phoenix-Mesa nonattainment area 4/11/12 6/13/12
WildEarth Guardians v. Jackson (CO, UT, MT, and NM SIPs) 09-02148 United States District Court For The District Of Colorado Robert Blackburn 9/9/09 2/1/10 EPA WildEarth Guardians Final action on 22 SIP submissions from CO, UT, and MT EPA agreed to take final action on 22 SIP submissions from CO, UT, and MT, and then added 19 SIP submissions from NM, for a total of 41 SIP submissions. 3/12/10 Consent Decree entered on 5/26/2010 Unclear N/A N/A N/A
WildEarth Guardians v. Jackson (oil and gas) 09-00089 United States District Court For The District Of Columbia Colleen Kollar-Kotelly 1/14/09 12/3/09 EPA WildEarth Guardians, San Juan Citizens Alliance CAA Regulations on Oil and Gas Drilling Operations In January 2009, environmental groups sued EPA to update federal regulations limiting air pollution from oil and gas drilling operations. EPA settled with environmentalists on December 3, 2009. The settlement required EPA to review and update three sets of regulations: (1) NSPS for oil and gas drilling; (2) MACT standards for hazardous air pollutant emissions; (3) and "residual risk" standards. On August 23, 2011, EPA proposed a comprehensive set of updates to these rules, including new NSPS and MACT standards. On August 16, 2012, EPA issued final rules covering NSPS, MACT, and residual risk for the oil and gas sector. 12/17/09 Consent Decree entered on 2/5/10 Yes ($16,000) New Source Performance Standards and MACT standards: Oil and Natural Gas Sector 8/23/11 8/16/12
WildEarth Guardians v. Jackson (ozone) 09-02453 United States District Court For The Northern District Of California Oakland Division Claudia Wilken 6/2/09 2/18/10 EPA WildEarth Guardians SIP submissions for 1997 8-hour ozone and PM 2.5 NAAQS by CA, CO, ID, NM, ND, OK, and OR EPA agreed to decide, for each state, whether to approve or deny SIPs for the 1997 8-hour ozone and PM 2.5 NAAQS, or whether to instead force the states to comply with a federal implementation plan. 12/21/11 Consent Decree entered on 2/23/2010 Yes ($22,420) SIPs for particulate matter and ozone, as well as for regional haze. N/A N/A
WildEarth Guardians v. Jackson (PM 2.5 ) 11-00190 United States District Court For The Northern District Of California San Francisco Division William Alsup 1/12/11 8/25/11 EPA Wildearth Guardians, Sierra Club SIP submissions for 2006 PM 2.5 MAAQS infrastructure by 20 states EPA agreed to sign a final action to approve or disapprove the 2006 PM 2.5 NAAQS infrastructure SIPs for AL, CT, FL, MS, NC, TN, IN, ME, OH, NM, DE, KY,NV, AR, NH, SC, MA, AZ, GA, and WV. 9/1/11 Consent Decree entered on 10/19/2011 Yes (undisclosed) 2006 PM 2.5 NAAQS infrastructure SIP 6/29/12 1/15/13
WildEarth Guardians v. Jackson (CO, WY, MT, and ND SIPs) 11-00001 (Consolidated with 11-00743) United States District Court For The District Of Colorado Christine M. Arguello 1/2/11 6/6/11 EPA WildEarth Guardians,
National Parks Conservation Association, and the Environmental Defense Fund
CO, WY, MT, and ND SIP submissions for Regional Haze and excess emissions standards EPA agreed to decide for each state whether to approve or deny the SIP submissions. 6/15/11 Consent Decree entered on 9/27/2011 Yes ($23,545) Regional haze SIPs N/A N/A
WildEarth Guardians v. Jackson (Utah breakdown provision) 09-02109 United States District Court For The District Of Colorado Marcia Krieger 9/3/09 11/23/09 EPA WildEarth Guardians Utah SIP revision regarding breakdown provision EPA agreed to take a final action regarding the "Utah breakdown provision," which allows sources to exceed their permitted air pollution limits during periods of "unavoidable breakdown." In April 2011, EPA found the breakdown provision inadequate and called on the state to revise its SIP. 12/7/09 Consent Decree entered on 3/9/2010 Yes ($4558.50) Utah breakdown provision 11/19/10 N/A
WildEarth Guardians v. Jackson (Utah SIP) 10-01218 United States District Court For The District Of Colorado Robert E. Blackburn 5/26/10 10/28/10 EPA Wildearth Guardians Utah SIP submissions for Regional Haze and PM 10 NAAQS EPA agreed to sign a final action approving or disapproving, in whole or in part, Utah's request to redesignate Salt Lake City's attainment status for PM 10 NAAQS. EPA also agreed to take final action on Utah's Regional Haze submission. 11/4/10 Consent decree entered on 1/31/11 Yes ($5,973.97) Utah regional haze SIP 5/16/12 12/14/12
WildEarth Guardians v. Jackson, et al. (Utah Salt Lake and Davis Counties SIP) 12-00754 United States District Court For The District Of Colorado Richard P. Matsch 3/26/12 7/11/12 EPA WildEarth Guardians Deadline for action on Utah SIP for 1997 NAAQS for ozone regarding Salt Lake and Davis Counties EPA agreed to sign a notice of final action regarding Utah’s proposed SIP revision for maintenance of the 1997 8-hour NAAQS for ozone in Salt Lake and Davis Counties. 8/6/12 Consent Decree entered on 10/5/2012 Yes ($2,446) Utah SIP 1/2/13 N/A
WildEarth Guardians v. Kempthorne 08-00689 United States District Court For The District Of Arizona Neal V. Wake 4/9/08 4/29/09 Department of Interior WildEarth Guardians Critical habitat designation for the Chiricahua leopard frog DOI under the Bush administration listed the leopard frog as threatened under the ESA but declined to designate a critical habitat because doing so would not be "prudent," as is permitted by the ESA. WildEarth Guardians sued to challenge this decision, and the Obama administration’s DOI settled the case. The terms of the settlement provided that DOI would reconsider its prudency determination. On March 20, 2012, DOI finalized a rule that reversed its prudency decision and designated approximately 10,346 acres as critical habitat for the Chiracahua leopard frog. N/A Settlement Agreement entered on 5/6/09 Yes ($45,000) Listing and
Designation of Critical Habitat for the Chiricahua Leopard Frog

3/15/2011 (Proposed Rule)

9/21/2011 (Proposed Rule reopening of comment period)

3/20/12
WildEarth Guardians v. Locke 10-00283 United States District Court For The District Of Columbia Richard W. Roberts 2/22/10 6/25/10 Department of Commerce WildEarth Guardians Alleged failure by National Marine Fisheries Service (NMFS) to set Endangered Species Act protections for sperm whales, fin whales, and sei whales NMFS agreed to issue recovery plans for sperm whales, fin whales, and sei whales by the end of 2011. N/A Settlement Agreement entered on 6/25/10 Yes ($7,643) N/A N/A N/A
WildEarth Guardians v. Salazar (674 species) 08-00472 United States District Court For The District Of Columbia Colleen Kollar-Kotelly 3/19/08 3/13/09 Department of Interior WildEarth Guardians DOI non-action on plaintiff's petitions to list 674 plant and animal species as threatened under the Endangered Species Act DOI agreed to issue decisions on hundreds of species for which no finding had already been made. N/A Settlement Agreement entered on 3/13/2009 Yes ($17,492) Listing of Numerous Species

8/18/2009 (Notice of 90-day findings, remaining mountain prairie species)

12/06/2009 (Notice of 90-day findings remaining SW region species)

N/A
WildEarth Guardians v. Salazar Feb 2010 10-01051 United States District Court For The District Of New Mexico Emmet G. Sullivan 2/11/10 6/2/10 Department of Interior WildEarth Guardians DOI non-action on petition to list the Wright’s marsh thistle as endangered or threatened under the Endangered Species Act DOI agreed to issue a decision on whether to list the the Wright's marsh thistle. FWS listed the Wright's marsh thistle as endangered or threatened on November 4, 2010 (it was a 12-month petition finding). N/A 6/8/2010 (Parties filed a joint motion to dismiss case pursuant to a stipulated settlement agreement. It appears that this court did not enter the settlement agreement) Yes ($1,859.46) 12-month finding on a petition to list Wright’s marsh thistle 11/4/2010 (Notice of 12-month petition finding) N/A