§16139 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When a defendant agrees in a settlement to do a diesel emissions reduction Supplemental Environmental Project, the EPA Administrator must make the defendant sign a statement under penalty of law saying they would have done a similarly valued alternative project if the EPA could not accept diesel reduction projects. If the Administrator fails to include that language, that omission cannot be used to sue the United States or to overturn the settlement under the Clean Air Act or any other law.

Title 42, §16139

The Public Health and Welfare — Source: USLM XML via OLRC

In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [42 U.S.C. 7401 et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 7401 of this title and Tables. Codification Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.

§16139 Settlement agreement provisions