Proposed Consent Decree, Clean Water Act

In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022 memorandum titled "Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency," notice is hereby given of a proposed consent decree in Environmental Defense Alliance et al. v. Zeldin., No. 3:25-cv-930 (M.D. Fl.). On August 19, 2025, the Environmental Defense Alliance and Waterkeepers Florida filed a complaint in the U.S. District Court for the Middle District of Florida. The complaint alleges that the EPA failed to perform a mandatory duty under the Clean Water Act (CWA) to promulgate final water quality standards (WQS) for Florida waters 90 days after proposing such standards. The complaint asserts that this failure violates both the CWA and the Administrative Procedure Act (APA). EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.

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