42 U.S.C. § 16139: Settlement agreement…

Summary

If a person or company settles alleged environmental violations by doing a diesel-emissions-reduction Supplemental Environmental Project (SEP), the EPA must require a sworn statement that they would have chosen a similar-value alternative if EPA could not accept that SEP. Failing to include that statement cannot be used to sue the United States or cancel the settlement.

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