EPA opens comment period regarding consent decree for 2023 blending levels

In Washington, in accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Growth Energy v. Regan, No. 1:22-cv-01191 (D. DC). On April 29, 2022, Plaintiff Growth Energy filed a complaint in the United States District Court for the District of Columbia alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform a non-discretionary duty in accordance with the Act to establish volumes under the renewable fuel program for 2023. The proposed consent decree would establish deadlines for EPA to establish the 2023 renewable fuel program volumes: Signature of a proposed rule by September 16, 2022, and signature of a final rule by April 28, 2023. 

Written comments on the proposed consent decree must be received by June 22, 2022.