Sierra Club v. Wheeler

On February 22, 2019, the U.S. Environmental Protection Agency (EPA) published notice of a proposed partial consent decree that would partially resolve a citizen suit brought by Sierra Club to compel EPA (1) to submit triennial reports to Congress on the Renewable Fuel Standard program’s environmental and resource impacts and (2) to complete an “anti-backsliding” study to determine the program’s impacts on air quality. Sierra Club said EPA’s delay in preparing the reports undermined the reporting requirements’ purpose of ensuring that the Renewable Fuel Standard program was addressing climate change without adversely affecting the environment. The consent decree would require EPA to complete the anti-backsliding study by March 30, 2020 and would also provide that if the parties could not reach agreement on deadlines for any follow-up action after completion of the anti-backsliding study, the parties would submit a joint motion to govern further proceedings. The parties also stipulated to the dismissal with prejudice of Sierra Club’s claim regarding the triennial reports since EPA had issued a report in June 2018.

Sierra Club filed a lawsuit against EPA Administrator Scott Pruitt alleging that the EPA administrator had failed to perform non-discretionary duties under the Clean Air Act and the Energy Independence and Security Act (EISA) to submit triennial reports to Congress in 2013 and 2016 on the Renewable Fuel Standard program’s environmental and resource impacts and to complete an “anti-backsliding” study to determine the program’s impacts on air quality. The anti-backsliding study was due in June 2009, 18 months after EISA’s enactment. Sierra Club asserted that the delays in preparing the reports undermined the purpose of the reporting requirements, which Sierra Club said was to ensure that the Renewable Fuel Standard program was addressing climate change without adversely affecting the environment.