The US District Court for the District of Columbia recently approved a consent decree that resolves a Resource Conservation and Recovery Act citizen suit filed by environmental non-governmental organisations (NGOs) against the Environmental Protection Agency (EPA) concerning the oil and gas industry.

The consent decree requires the EPA to determine whether it should revise Subtitle D rules governing solid waste generated by oil and gas exploration, development and production by March 15 2019, and, if so, to issue a proposed rule. The consent decree then requires the EPA to finalise the revised rule, if it deems that one is necessary, by July 15 2021.

In their complaint the NGOs alleged that the EPA had violated a provision of the Resource Conservation and Recovery Act requiring the EPA to review, and revise if necessary, rules governing solid waste every three years.

For further information on this topic please contact Samuel B Boxerman, Eugene R Elrod, Terence T Healey or Kenneth W Irvin at Sidley Austin LLP by telephone (+1 202 736 8000) or email ([email protected], [email protected], [email protected] or [email protected]). The Sidley Austin LLP website can be accessed at