EPA Directive Provides Additional Opportunities for Stakeholder Participation in Consent Decree Negotiations

On October 16, 2017, EPA Administrator Scott Pruitt released a directive that instructs the agency to follow new procedures related to the settlement of lawsuits against the agency. Specifically, the directive requires EPA to:

• Publish online any notices of intent to sue that it receives from potential litigants.
• Publish complaints and petitions in which it is named as a defendant.
• Notify states and regulated entities affected by a complaint or petition naming EPA as a defendant.
• Take appropriate steps to achieve participation of affected states and regulated entities in the negotiation of a consent decree or settlement.
• Seek to receive the concurrence of any affected states or regulated entities before entering a consent decree or settlement.