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JOHN C. CRUDEN

Assistant Attorney General

Environment & Natural Resources Division

United States Department of Justice

LESLIE M. HILL (D.C. Bar No. 476008)

Leslie.Hill@usdoj.gov

Environmental Defense Section

601 D Street N.W., Suite 8000

Washington D.C. 20004

Telephone (202) 514-0375

Facsimile (202) 514-8865

Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

SIERRA CLUB,

Plaintiff,

v.

GINA McCARTHY, in her official capacity 

as the Administrator of the United States 

Environmental Protection Agency,

Defendant.

Case No. 4:14-cv-00643-JLH

NOTICE OF LODGING OF 

PROPOSED CONSENT DECREE

On December 22, 2014, Defendant Gina McCarthy, in her official capacity as 

Administrator of the United States Environmental Protection Agency (hereinafter 

“EPA”), lodged a proposed consent decree with the Court that contained the terms of a 

proposed settlement of this action (Dkt. No. 28). Subsequently, EPA determined that it 

could no longer meet the February 17, 2015 deadline for proposed rulemaking (Dkt. No. 

28, Ex. A, ¶ 1) because additional technical analyses were necessary to address the 

requirements of 42 U.S.C. § 7491 and 40 C.F.R. § 51.308(d)(1). As a result, the parties 

have agreed to a short extension of the proposed rulemaking schedule until March 6, 

NOTICE OF LODGING OF REVISED PROPOSED CONSENT DECREE

CASE NO. 4:14-cv-00643-JLH

Case 4:14-cv-00643-JLH Document 30 Filed 02/11/15 Page 1 of 3
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2015 and memorialized that extension in a revised proposed consent decree. See Exhibit 

A, Revised Proposed Consent Decree. 

The revised proposed consent decree should not be signed or entered by the 

Court at this time. Pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 

7413(g), the EPA Administrator must provide “a reasonable opportunity by notice in the 

Federal Register to persons who are not named as parties or intervenors to the action or 

matter to comment in writing” upon the proposed consent decree. Accordingly, EPA will 

publish in the Federal Register a notice of the revised proposed consent decree and 

request comments. After a reasonable comment period, the EPA Administrator will 

promptly consider any written comments received and, if none of the comments disclose 

facts or considerations which indicate that the revised proposed consent decree is 

inappropriate, improper, inadequate, or inconsistent with the requirements of the Clean 

Air Act, EPA will move for entry of the decree.

Respectfully submitted,

Date: February 11, 2015

JOHN C. CRUDEN

Assistant Attorney General

Environment and Natural Resources Division

 /s/ Leslie M. Hill

LESLIE M. HILL (D.C. Bar No. 476008)

U.S. Department of Justice

Environment & Natural Resources Division

Environmental Defense Section

601 D Street N.W., Suite 8000

Washington D.C. 20004

Leslie.Hill@usdoj.gov

Telephone (202) 514-0375

Facsimile (202) 514 8865

Attorneys for Defendant

NOTICE OF LODGING OF REVISED PROPOSED CONSENT DECREE

CASE NO. 4:14-cv-00643-JLH

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Of counsel:

Barbara A. Nann

Assistant Regional Counsel

Region 6

U.S. Environmental Protection Agency

NOTICE OF LODGING OF REVISED PROPOSED CONSENT DECREE

CASE NO. 4:14-cv-00643-JLH

Case 4:14-cv-00643-JLH Document 30 Filed 02/11/15 Page 3 of 3