ELR Citation: 44 ELR 20098
No(s). 12-00523 (D.D.C. Apr 24, 2014) (Walton, J.)

A district court rejected a proposed consent decree that would have required EPA to review and, where necessary, revise by December 19, 2014, certain regulations concerning coal ash under RCRA. The court determined that the proposed consent decree was fair, adequate, reasonable, appropriate, and generally consistent with the public interest. However, a provision in the proposed consent decree would allow the parties to extend the deadline for EPA's completion of its review, and if necessary, revision of its Subtitle D regulations concerning coal ash without court approval. This provision is not consistent with the public interest. Accordingly, the court refused to approve the proposed consent decree in its current form.